Family and Medical Leave Act (FMLA) 101: A Quick Overview for Employers

Tuesday July 15, 2025

Sydney G. Meyer

Family and Medical Leave Act (FMLA) 101: A Quick Overview for Employers

The Family and Medical Leave Act (“FMLA”) allows eligible employees to take up to 12 weeks of unpaid, protected leave for qualifying reasons. While the FMLA provides essential benefits to employees, it also presents important considerations for employers. This article provides a general overview as to what employers should consider when navigating the complexities of the FMLA.

 

“I am an employer. Does the FMLA apply to my business?”

 While the FMLA does not apply to every employer, it does apply to:

  • All public agencies;
  • All elementary and secondary schools (public and private); and
  • All employers with 50+ employees.*

*Employers with less than 50 employees may still be covered under the FMLA. For example, separate entities (e.g. franchisees) within 75 miles of each other may be considered integrated for purposes of the FMLA. Some factors that courts analyze to determine whether separate businesses should be considered integrated employers include common management, common ownership, and common financial control. In this scenario, the number of employees from each separate entity are added together for purposes of determining whether the employer has 50+ employees.

It is important to note that the FMLA requires covered employers to provide FMLA-related notices to employees (e.g., FMLA Poster, Notice of Eligibility and Rights and Responsibilities).

 

“Are all of my employees automatically eligible for benefits under the FMLA?”

No. Employees must meet certain requirements before they are entitled to benefits under the FMLA. Assuming your business is a covered employer, a requesting employee must meet all of the following requirements to be eligible for FMLA leave:

  • The requesting employee has worked for the employer for at least 12 months as of the start date of his or her FMLA leave. This time period usually need not be consecutive (exception may apply for an employee whose break in employment lasted 7+ years).
  • The requesting employee has worked at least 1,250 hours during the 12-months immediately prior to the start date of his or her FMLA leave. This requirement may differ depending on the employee’s occupation (e.g., airline flight crew).
  • The employer employs at least 50 employees within 75 miles of the requesting employee’s workplace as of the date the requesting employee gives notice of his intent to take FMLA leave. This requirement must be met even if the employer is a public agency or school as identified in the preceding section.

If an employee meets all of the requirements above, he or she is generally entitled to up to 12 workweeks of FMLA leave in any 12-month period. Exceptions apply (e.g., employee caring for seriously injured service member).

 

“What type of absence qualifies for FMLA leave?”

 The following reasons qualify for leave under the FMLA:

  • The birth of an employee’s newborn child;
  • The placement with the employee of a child for adoption or foster care;
  • An employee’s own serious health condition;
  • Caring for an immediate family member (i.e., spouse, parent, minor child) suffering a serious health condition (some exceptions may apply); and
  • Certain obligations relating to an immediate family member’s active duty in the military.

 

“I think my employee may have an FMLA qualifying reason for his or her absence. What now?”

If you think an employee may have an FMLA qualifying reason for his or her absence, keep in mind the following:

  • Employees need not explicitly mention the FMLA to be eligible for FMLA leave.
  • Employers must provide appropriate forms and notices to employees within the required timeframes (e.g., Forms WH-380-E/F, WH-381, WH-382).
  • As an employer, you may require an employee to provide sufficient medical documentation so that you can determine whether his or her request for leave qualifies under the FMLA. You may also request certification from your employee’s health care professional to confirm his or her need for FMLA leave in certain situations.
  • Once you determine whether an employee has a qualifying reason for FMLA leave, you must notify that employee of his or her eligibility as well as his or her rights under the FMLA.
  • Depending on the employee’s qualifying reason, an employee may be entitled to use FMLA leave for one continuous period of time, intermittently, or on a reduced schedule.
  • FMLA leave can run concurrent to other types of leave available to the employee (e.g., workers’ compensation, disability, PTO, etc.).
  • Employers are required to maintain certain records related to an employee’s FMLA leave for at least three years (e.g., payroll data, relevant dates, supporting documents, etc.).

 

“My employee is ready to return to work. What now?”

The FMLA protects an employee’s position while they are out on leave. Upon the conclusion of an employee’s FMLA leave, an employer must allow the employee to return to the same position, or a virtually equivalent position in terms of pay, benefits, etc., that the employee held prior to the leave.

 

“Where can I find more information on the FMLA?”

 If you would like more detailed information on the FMLA, The Employer’s Guide to the Family and Medical Leave Act, published by the U.S. Department of Labor’s, is a great resource for employers.

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This article does not address the full extent of the FMLA. Furthermore, some states have enacted their own laws regarding an employee’s rights to family and medical leave. Employers should review their state’s pertinent laws. Please reach out to one of our Employment Law attorneys for more information.