The Family and Medical Leave Act (FMLA) was signed into law in 1993 to give employees the ability to take time off for major life events without losing their jobs. It requires covered employers to provide eligible employees with up to 12 weeks of unpaid, job-protected leave each year for certain family and medical reasons.
For employers, the FMLA can feel complicated, but getting it right is essential.
What the FMLA covers
The law allows eligible employees to take unpaid leave for:
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The birth, adoption, or foster placement of a child
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Caring for a spouse, child, or parent with a serious health condition
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The employee’s own serious health condition that prevents them from working
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Certain military family needs, including qualifying exigencies and caring for an injured service-member
During FMLA leave, employees are entitled to continue their group health insurance under the same terms as if they were working.
Who is eligible
Not every employee qualifies. To be eligible, an employee must:
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Work for a covered employer (private employers with 50 or more employees, and all public agencies)
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Have worked for the employer for at least 12 months
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Have worked at least 1,250 hours during the past 12 months
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Work at a location where the employer has 50 or more employees within 75 miles
Job protection under the FMLA
When employees return from FMLA leave, they must be restored to the same job—or one that is virtually identical in pay, benefits, and working conditions. Employers cannot retaliate against employees for taking leave or for requesting it.
Common mistakes employers make
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Failing to recognize when an employee’s situation qualifies for FMLA leave
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Miscounting employee eligibility, especially with part-time staff or remote workers
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Not providing required notices to employees about their FMLA rights
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Discouraging employees from taking leave or retaliating against them afterward
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Mishandling intermittent leave requests (when employees need time off in smaller blocks instead of one long period)
Penalties for violations
Violating the FMLA can result in:
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Paying lost wages and benefits
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Reinstating employees wrongfully terminated or demoted
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Covering attorney’s fees and court costs
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Additional damages in cases of willful violations
How to stay compliant
- Train managers and HR staff to recognize potential FMLA-qualifying situations.
- Post required FMLA notices and include policy details in your employee handbook.
- Track employee hours and leave carefully to determine eligibility.
- Handle requests consistently to avoid claims of favoritism or retaliation.
- Document all leave requests, communications, and decisions.
How Kubera HR Solutions can help
At Kubera HR Solutions, we work with employers to review FMLA policies, train supervisors, and audit leave practices to ensure compliance with the law. We also help employers set up clear systems for tracking leave and handling requests fairly. With the right approach, you can protect your business while supporting employees during life’s most important moments.