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Family and Medical Leave Act

Generated from the gc-benefits catalog. It lists what the owner record states. It is not an eligibility decision; confirm current rules with the program.

The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for qualifying family and medical reasons and requires continuation of their group health benefits under the same terms and conditions as if the employee had not taken leave.

  • Owner record: us/family-and-medical-leave-act
  • Jurisdiction code: US
  • Frame: caregiver
  • Review by: 2026-11-11
  • Authority: dol-whd
  • Also called: FMLA

Offering 1: leave

For eligible employees, up to 12 workweeks of leave in a 12-month period for qualifying family and medical reasons, with continued group health benefits.

  • Availability (owner codes): {"checked": null, "intake": "unknown", "type": "entitlement"}
  • Amounts (as stated by the owner): [{"period": "12-month period", "value": "12 workweeks", "what": "maximum leave for qualifying family and medical reasons"}]

Conditions:

  • All of these:
  • Fact rule: caregiver.employed is true
  • Stated condition, not checked automatically: "The FMLA applies to covered employers, which include:\n\n* Private-sector employers who employ 50 or more employees in 20 or more workweeks in either the current calendar year or the previous calendar year,\n* Public agencies (including federal, state, and local government employers), regardless of the number of employees, and\n* Local educational agencies (including public school boards, public elementary and secondary schools, and private elementary and secondary schools), regardless of the number of employees."
  • Stated condition, not checked automatically: "Employees are eligible if they:\n\n* Work for a covered employer for at least 12 months,\n* Have at least 1,250 hours of service with the employer during the 12 months before their FMLA leave starts, and\n* Work at a location where the employer has at least 50 employees within 75 miles.\n\nIn determining employee eligibility, the Uniformed Services Employment and Reemployment Rights Act (USERRA) requires that a person reemployed under its provisions be given credit for months and hours of service he or she would have been employed but for the USERRA-covered service.\n\nAirline flight crew employees have special hours of service eligibility requirements."
  • Any one of these:
    • Stated condition, not checked automatically: "The birth of a child and to care for the newborn child within one year of birth"
    • Stated condition, not checked automatically: "The placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement"
    • All of these:
    • Stated condition, not checked automatically: "To care for the employee's spouse, child, or parent who has a serious health condition"
    • Any one of these:
      • Stated condition, not checked automatically: "Child means a biological, adopted or foster child, stepchild, legal ward, or child of a person standing in loco parentis (in the role of a parent), who is either under age 18, or age 18 or older and incapable of self-care because of a mental or physical disability at the time that FMLA leave is to commence."
      • Stated condition, not checked automatically: "Parent means a biological, adoptive, step or foster parent, or any other individual who stood in loco parentis (in the role of a parent) to the employee when the employee was a child. This term does not include parents-in-law."
      • Stated condition, not checked automatically: "Spouse means a husband or wife as defined or recognized in the state where the individual was married and includes a same-sex or common law marriage. Spouse also includes a husband or wife in a marriage that was validly entered into outside of the United States if the marriage could have been entered into in at least one state."
    • Stated condition, not checked automatically: "A serious health condition that makes the employee unable to perform the functions of his or her job"
    • Stated condition, not checked automatically: "Any qualifying exigency arising out of the fact that the employee's spouse, son, daughter, or parent is a covered military member on covered active duty or call to covered active duty status."

Access route 1.1

  • Where: US
  • How: To request FMLA leave or find out if you qualify to take FMLA leave, communicate with your employer about your leave needs.
  • Url: https://www.dol.gov/agencies/whd/fmla

Access route 1.2

  • Where: US
  • How: Call for help or more information.
  • Url: https://www.dol.gov/agencies/whd/fmla
  • Phone: 1-866-487-9243

Offering 2: military_caregiver_leave

An eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered servicemember with a serious injury or illness may take up to 26 workweeks of leave during a single 12-month period to care for the servicemember.

  • Availability (owner codes): {"checked": null, "intake": "unknown", "type": "entitlement"}
  • Amounts (as stated by the owner): [{"period": "single 12-month period", "value": "26 workweeks", "what": "maximum military caregiver leave"}]

Conditions:

  • All of these:
  • Fact rule: caregiver.employed is true
  • Stated condition, not checked automatically: "The FMLA applies to covered employers, which include:\n\n* Private-sector employers who employ 50 or more employees in 20 or more workweeks in either the current calendar year or the previous calendar year,\n* Public agencies (including federal, state, and local government employers), regardless of the number of employees, and\n* Local educational agencies (including public school boards, public elementary and secondary schools, and private elementary and secondary schools), regardless of the number of employees."
  • Stated condition, not checked automatically: "Employees are eligible if they:\n\n* Work for a covered employer for at least 12 months,\n* Have at least 1,250 hours of service with the employer during the 12 months before their FMLA leave starts, and\n* Work at a location where the employer has at least 50 employees within 75 miles.\n\nIn determining employee eligibility, the Uniformed Services Employment and Reemployment Rights Act (USERRA) requires that a person reemployed under its provisions be given credit for months and hours of service he or she would have been employed but for the USERRA-covered service.\n\nAirline flight crew employees have special hours of service eligibility requirements."
  • Stated condition, not checked automatically: "An eligible employee may take up to 26 workweeks of military caregiver leave during a single 12-month period if the employee is the child, parent, spouse, or next of kin of a:\n\n* Current servicemember with a serious injury or illness, or\n* Covered veteran with a serious injury or illness."
  • Any one of these:
    • Stated condition, not checked automatically: "Child means a biological, adopted or foster child, stepchild, legal ward, or child of a person standing in loco parentis (in the role of a parent), who is either under age 18, or age 18 or older and incapable of self-care because of a mental or physical disability at the time that FMLA leave is to commence. For military family leave, the child of an eligible employee may be of any age."
    • Stated condition, not checked automatically: "Parent means a biological, adoptive, step or foster parent, or any other individual who stood in loco parentis (in the role of a parent) to the employee when the employee was a child. This term does not include parents-in-law."
    • Stated condition, not checked automatically: "Spouse means a husband or wife as defined or recognized in the state where the individual was married and includes a same-sex or common law marriage. Spouse also includes a husband or wife in a marriage that was validly entered into outside of the United States if the marriage could have been entered into in at least one state."
    • Stated condition, not checked automatically: "Next of kin, which only applies to military caregiver leave, is the nearest blood relative, other than the servicemember's spouse, parent, or child."

Access route 2.1

  • Where: US
  • How: To request FMLA leave or find out if you qualify to take FMLA leave, communicate with your employer about your leave needs.
  • Url: https://www.dol.gov/agencies/whd/fmla

Access route 2.2

  • Where: US
  • How: Call for help or more information.
  • Url: https://www.dol.gov/agencies/whd/fmla
  • Phone: 1-866-487-9243

Owner confirmations

  • /offerings/0/access/0: sha256:fe3cc7a7077c1e8b929b28ac61756b0887f61c2fe310c595550ce819ce6655ba
  • /offerings/0/rules/all/0: sha256:6b70cc35b422e81a75537047fb648988b77dc5d2492c2408cfce1c05643539e8
  • /offerings/1/rules/all/0: sha256:94df8a4e0c2a06de82102980d79cde79b8c2537ce11cdc4c4634f5bc570e63ea

Evidence

  • /name: "# Family and Medical Leave Act" (source, capture ed04fd16e2ce71d08aa7e960d750d2add098c8766bf9f41ccc3c5412fcbe5429)
  • /caregiving_effect: "The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for qualifying family and medical reasons and requires continuation of their group health benefits under the same terms and conditions as if the employee had not taken leave." (source, capture ed04fd16e2ce71d08aa7e960d750d2add098c8766bf9f41ccc3c5412fcbe5429)
  • /offerings/0/summary: "The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for qualifying family and medical reasons and requires continuation of their group health benefits under the same terms and conditions as if the employee had not taken leave." (source, capture ed04fd16e2ce71d08aa7e960d750d2add098c8766bf9f41ccc3c5412fcbe5429)
  • /offerings/0/amounts/0: "For eligible employees, up to 12 workweeks of leave in a 12-month period for any of the following qualifying reasons:" (source, capture ed04fd16e2ce71d08aa7e960d750d2add098c8766bf9f41ccc3c5412fcbe5429)
  • /offerings/0/rules: "The FMLA applies to covered employers, which include:\n\n* Private-sector employers who employ 50 or more employees in 20 or more workweeks in either the current calendar year or the previous calendar year,\n* Public agencies (including federal, state, and local government employers), regardless of the number of employees, and\n* Local educational agencies (including public school boards, public elementary and secondary schools, and private elementary and secondary schools), regardless of the number of employees." (source, capture ed04fd16e2ce71d08aa7e960d750d2add098c8766bf9f41ccc3c5412fcbe5429)
  • /offerings/0/rules: "Employees are eligible if they:\n\n* Work for a covered employer for at least 12 months,\n* Have at least 1,250 hours of service with the employer during the 12 months before their FMLA leave starts, and\n* Work at a location where the employer has at least 50 employees within 75 miles.\n\nIn determining employee eligibility, the Uniformed Services Employment and Reemployment Rights Act (USERRA) requires that a person reemployed under its provisions be given credit for months and hours of service he or she would have been employed but for the USERRA-covered service.\n\nAirline flight crew employees have special hours of service eligibility requirements." (source, capture ed04fd16e2ce71d08aa7e960d750d2add098c8766bf9f41ccc3c5412fcbe5429)
  • /offerings/0/rules: "For eligible employees, up to 12 workweeks of leave in a 12-month period for any of the following qualifying reasons:\n\n* The birth of a child and to care for the newborn child within one year of birth,\n* The placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement,\n* To care for the employee's spouse, child, or parent who has a serious health condition,\n* A serious health condition that makes the employee unable to perform the functions of his or her job, and\n* Any qualifying exigency arising out of the fact that the employee's spouse, son, daughter, or parent is a covered military member on covered active duty or call to covered active duty status." (source, capture ed04fd16e2ce71d08aa7e960d750d2add098c8766bf9f41ccc3c5412fcbe5429)
  • /offerings/0/rules: "Childmeans a biological, adopted or foster child, stepchild, legal ward, or child of a person standing in loco parentis (in the role of a parent), who is either under age 18, or age 18 or older and incapable of self-care because of a mental or physical disability at the time that FMLA leave is to commence. For military family leave, the child of an eligible employee may be of any age." (source, capture ed04fd16e2ce71d08aa7e960d750d2add098c8766bf9f41ccc3c5412fcbe5429)
  • /offerings/0/rules: "Parent means a biological, adoptive, step or foster parent, or any other individual who stood in loco parentis (in the role of a parent) to the employee when the employee was a child. This term does not include parents-in-law." (source, capture ed04fd16e2ce71d08aa7e960d750d2add098c8766bf9f41ccc3c5412fcbe5429)
  • /offerings/0/rules: "Spouse means a husband or wife as defined or recognized in the state where the individual was married and includes a same-sex or common law marriage. Spouse also includes a husband or wife in a marriage that was validly entered into outside of the United States if the marriage could have been entered into in at least one state." (source, capture ed04fd16e2ce71d08aa7e960d750d2add098c8766bf9f41ccc3c5412fcbe5429)
  • /offerings/0/access/0: "To request FMLA leaveor find out if you qualify to take FMLA leave, employees must communicate with their employer about their leave needs." (source, capture ed04fd16e2ce71d08aa7e960d750d2add098c8766bf9f41ccc3c5412fcbe5429)
  • /offerings/0/access/1: "## Need help or more information?\n\n* Find your local WHD office\n* Submit a question online\n* Call1-866-487-9243(toll-free)" (source, capture ed04fd16e2ce71d08aa7e960d750d2add098c8766bf9f41ccc3c5412fcbe5429)
  • /offerings/0/availability: "Eligible employees are entitled to up to 12 workweeks of leave in a 12-month period and up to 26 workweeks of military caregiver leave during a single 12-month period." (source, capture ed04fd16e2ce71d08aa7e960d750d2add098c8766bf9f41ccc3c5412fcbe5429)
  • /offerings/1/summary: "An eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered servicemember with a serious injury or illness may take up to 26 workweeks of leave during a single 12-month period to care for the servicemember." (source, capture ed04fd16e2ce71d08aa7e960d750d2add098c8766bf9f41ccc3c5412fcbe5429)
  • /offerings/1/amounts/0: "An eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered servicemember with a serious injury or illness may take up to 26 workweeks of leave during a single 12-month period to care for the servicemember." (source, capture ed04fd16e2ce71d08aa7e960d750d2add098c8766bf9f41ccc3c5412fcbe5429)
  • /offerings/1/rules: "The FMLA applies to covered employers, which include:\n\n* Private-sector employers who employ 50 or more employees in 20 or more workweeks in either the current calendar year or the previous calendar year,\n* Public agencies (including federal, state, and local government employers), regardless of the number of employees, and\n* Local educational agencies (including public school boards, public elementary and secondary schools, and private elementary and secondary schools), regardless of the number of employees." (source, capture ed04fd16e2ce71d08aa7e960d750d2add098c8766bf9f41ccc3c5412fcbe5429)
  • /offerings/1/rules: "Employees are eligible if they:\n\n* Work for a covered employer for at least 12 months,\n* Have at least 1,250 hours of service with the employer during the 12 months before their FMLA leave starts, and\n* Work at a location where the employer has at least 50 employees within 75 miles.\n\nIn determining employee eligibility, the Uniformed Services Employment and Reemployment Rights Act (USERRA) requires that a person reemployed under its provisions be given credit for months and hours of service he or she would have been employed but for the USERRA-covered service.\n\nAirline flight crew employees have special hours of service eligibility requirements." (source, capture ed04fd16e2ce71d08aa7e960d750d2add098c8766bf9f41ccc3c5412fcbe5429)
  • /offerings/1/rules: "An eligible employee may take up to 26 workweeks of military caregiver leave during a single 12-month period if the employee is the child, parent, spouse, or next of kin of a:\n\n* Current servicemember with a serious injury or illness, or\n* Covered veteran with a serious injury or illness." (source, capture ed04fd16e2ce71d08aa7e960d750d2add098c8766bf9f41ccc3c5412fcbe5429)
  • /offerings/1/rules: "Childmeans a biological, adopted or foster child, stepchild, legal ward, or child of a person standing in loco parentis (in the role of a parent), who is either under age 18, or age 18 or older and incapable of self-care because of a mental or physical disability at the time that FMLA leave is to commence. For military family leave, the child of an eligible employee may be of any age." (source, capture ed04fd16e2ce71d08aa7e960d750d2add098c8766bf9f41ccc3c5412fcbe5429)
  • /offerings/1/rules: "Parent means a biological, adoptive, step or foster parent, or any other individual who stood in loco parentis (in the role of a parent) to the employee when the employee was a child. This term does not include parents-in-law." (source, capture ed04fd16e2ce71d08aa7e960d750d2add098c8766bf9f41ccc3c5412fcbe5429)
  • /offerings/1/rules: "Spouse means a husband or wife as defined or recognized in the state where the individual was married and includes a same-sex or common law marriage. Spouse also includes a husband or wife in a marriage that was validly entered into outside of the United States if the marriage could have been entered into in at least one state." (source, capture ed04fd16e2ce71d08aa7e960d750d2add098c8766bf9f41ccc3c5412fcbe5429)
  • /offerings/1/rules: "Next of kin, which only applies to military caregiver leave, is the nearest blood relative, other than the servicemember's spouse, parent, or child." (source, capture ed04fd16e2ce71d08aa7e960d750d2add098c8766bf9f41ccc3c5412fcbe5429)
  • /offerings/1/access/0: "To request FMLA leaveor find out if you qualify to take FMLA leave, employees must communicate with their employer about their leave needs." (source, capture ed04fd16e2ce71d08aa7e960d750d2add098c8766bf9f41ccc3c5412fcbe5429)
  • /offerings/1/access/1: "## Need help or more information?\n\n* Find your local WHD office\n* Submit a question online\n* Call1-866-487-9243(toll-free)" (source, capture ed04fd16e2ce71d08aa7e960d750d2add098c8766bf9f41ccc3c5412fcbe5429)
  • /offerings/1/availability: "Eligible employees are entitled to up to 12 workweeks of leave in a 12-month period and up to 26 workweeks of military caregiver leave during a single 12-month period." (source, capture ed04fd16e2ce71d08aa7e960d750d2add098c8766bf9f41ccc3c5412fcbe5429)