¿Qué es FMLA (Family and Medical Leave Act)?

The Family and Medical Leave Act (FMLA) is a federal law enacted in 1993 that provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for specified family and medical reasons. Qualifying reasons include the birth, adoption, or foster placement of a child; caring for a spouse, child, or parent with a serious health condition; the employee's own serious health condition; and qualifying exigencies related to a family member's military service. A separate provision allows up to 26 weeks of leave to care for a covered servicemember with a serious injury or illness.

FMLA applies to private-sector employers with 50 or more employees within 75 miles of the employee's worksite, all public agencies, and all public and private elementary and secondary schools. Employees must have worked for the employer for at least 12 months, have worked at least 1,250 hours during the previous 12-month period, and work at a location where the employer has at least 50 employees within 75 miles to be eligible.

During FMLA leave, the employer must maintain the employee's group health insurance coverage under the same terms as if they had continued working. Upon return, the employee is entitled to the same or an equivalent position with the same pay, benefits, and working conditions. Employers may require or employees may choose to use accrued paid leave (vacation, sick time, PTO) concurrently with FMLA leave, meaning the 12-week entitlement is not necessarily in addition to existing paid leave balances.

FMLA leave can be taken all at once, intermittently, or as a reduced schedule when medically necessary. Intermittent FMLA — taking a few hours here and there for a chronic condition — is administratively complex for employers to track and document correctly, and it is one of the most common sources of FMLA-related disputes and litigation.

FMLA compliance is not optional for covered employers, and the consequences of getting it wrong are significant: employee reinstatement rights, back pay, front pay, and the cost of employment litigation. The most common FMLA violations — failing to designate qualifying leave, interfering with an employee's right to take leave, or retaliating against an employee who exercises FMLA rights — often result not from bad intent but from inadequate HR processes and training.

A human resources professional or employment attorney can help your organization build FMLA policies, train managers on recognition and proper handling of leave requests, and implement the documentation practices that protect the company in the event of a dispute. Managers who inadvertently discourage leave, retaliate without realizing it, or fail to notify employees of their rights create significant legal exposure that proper HR infrastructure can prevent.