Family and Medical Leave Act (FMLA): FMLA Guide 2026 — Guidelines 2026
⚠️Informational only — not legal or tax advice.
Table of Contents
- FMLA Quick Reference
- What Is the Family and Medical Leave Act (FMLA)?
- Which Employers Are Covered by the FMLA?
- Who Is Eligible for FMLA Leave?
- Qualifying Reasons for FMLA Leave
- What Is a Serious Health Condition Under the FMLA?
- FMLA and Mental Health Conditions
- FMLA and Pregnancy
- How Intermittent FMLA Leave Works
- How the 12-Month Leave Period Is Calculated
- Employee Rights During FMLA Leave
- Employer Obligations Under the FMLA
- Substitution of Paid Leave for FMLA Leave
- FMLA Forms and Required Documentation
- FMLA vs. State Paid Family and Medical Leave
- How to Request FMLA Leave
- FMLA Enforcement and Filing a Complaint
- Family Relationships Defined Under the FMLA
- FMLA for Federal Employees
- Frequently Asked Questions
- Related Federal Employment Laws
- Update History
- Resources
FMLA Quick Reference
| Element | Detail |
|---|---|
| Law | Family and Medical Leave Act of 1993 (FMLA) |
| Citation | 29 U.S.C. §2601–2654; 29 CFR Part 825 |
| Enacted | February 5, 1993 |
| Administering Agency | U.S. Department of Labor, Wage and Hour Division |
| Leave Entitlement | Up to 12 workweeks per 12-month period |
| Military Caregiver Leave | Up to 26 workweeks per single 12-month period |
| Paid or Unpaid | Unpaid (employer may allow or require substitution of paid leave) |
| Job Protection | Same or equivalent position upon return |
| Health Insurance | Must be maintained during leave on same terms |
| Covered Employers | Private employers with 50+ employees; all public agencies; all public and private elementary and secondary schools |
| Employee Eligibility | 12 months of employment, 1,250 hours of service, worksite with 50+ employees within 75 miles |
| Enforcement | WHD complaint or private lawsuit |
| Helpline | 1-866-4-USWAGE (1-866-487-9243) |
| Source | U.S. Department of Labor — FMLA |
What Is the Family and Medical Leave Act (FMLA)?
The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees of covered employers with up to 12 workweeks of unpaid, job-protected leave per 12-month period for specified family and medical reasons. The FMLA also requires that group health insurance coverage be maintained during the leave under the same terms and conditions as if the employee had not taken leave. Upon return from FMLA leave, employees are entitled to be restored to the same position or an equivalent position with equivalent pay, benefits, and other terms and conditions of employment.
The FMLA was enacted on February 5, 1993 and is codified at 29 U.S.C. §2601–2654. The implementing regulations are found at 29 CFR Part 825. The law is administered and enforced by the Wage and Hour Division (WHD) of the U.S. Department of Labor.
Source: DOL — Family and Medical Leave
Which Employers Are Covered by the FMLA?
The FMLA applies to three categories of employers:
Private-sector employers are covered if they employ 50 or more employees in 20 or more workweeks in either the current calendar year or the preceding calendar year. The 50-employee threshold includes all employees maintained on the payroll, including employees on leave and those jointly employed by two or more businesses.
Public agencies — including federal, state, and local government employers — are covered regardless of the number of employees.
Local educational agencies — including public school boards, public elementary and secondary schools, and private elementary and secondary schools — are covered regardless of the number of employees.
When two or more businesses employ an employee simultaneously, both entities may be treated as joint employers under the FMLA. In joint employment situations, the employee’s entitlement is based on the primary employer relationship.
Source: DOL — FMLA
Who Is Eligible for FMLA Leave?
An employee is eligible for FMLA leave if all three of the following conditions are met:
- 12 months of employment. The employee has worked for the employer for at least 12 months. The 12 months need not be consecutive; however, the employer is not required to count employment prior to a break in service of 7 years or more, except where the break is due to military service under USERRA or a written agreement.
- 1,250 hours of service. The employee has worked at least 1,250 hours of service during the 12-month period immediately preceding the start of FMLA leave. Whether an employee has met this threshold is determined using Fair Labor Standards Act (FLSA) principles for determining compensable hours of work. Overtime hours count toward the 1,250-hour requirement.
- Worksite with 50 employees within 75 miles. The employee works at a location where the employer has at least 50 employees within a 75-mile radius.
Airline flight crew employees have special hours-of-service eligibility requirements under the Airline Flight Crew Technical Corrections Act.
Military service credit: Under the Uniformed Services Employment and Reemployment Rights Act (USERRA), a returning servicemember receives credit for the months and hours of service he or she would have worked but for the military service.
Source: DOL — FMLA; DOL — FMLA FAQ
Qualifying Reasons for FMLA Leave
12-Week Leave Entitlement
An eligible employee may take up to 12 workweeks of FMLA leave in a 12-month period for any of the following reasons:
Birth and bonding. The birth of a child and to care for and bond with the newborn child within one year of birth. Both mothers and fathers have the same right to take FMLA leave for the birth and bonding with a newborn child.
Adoption or foster care placement. The placement of a child with the employee for adoption or foster care and to bond with the newly placed child within one year of placement.
Family member serious health condition. To care for the employee’s spouse, child, or parent who has a serious health condition. The FMLA does not cover care for a parent-in-law.
Employee’s own serious health condition. A serious health condition that makes the employee unable to perform the essential functions of his or her job.
Qualifying exigency. Any qualifying exigency arising out of the fact that the employee’s spouse, child, or parent is a covered military member on covered active duty or under an impending call to covered active duty status.
26-Week Military Caregiver Leave
An eligible employee who is the spouse, child, parent, or next of kin of a covered servicemember may take up to 26 workweeks of leave during a single 12-month period to care for the servicemember. This military caregiver leave is available to care for:
- A current servicemember with a serious injury or illness incurred or aggravated in the line of duty on active duty, or
- A covered veteran with a serious injury or illness incurred or aggravated in the line of duty on active duty, including conditions that may manifest after the servicemember becomes a veteran (such as PTSD, traumatic brain injury, or depression).
The 26-week entitlement is a combined leave total — it includes any other FMLA leave taken during that single 12-month period.
Leave to bond with a newborn or newly placed child must conclude within 12 months after the birth or placement.
Source: DOL — FMLA; DOL — FMLA FAQ
What Is a Serious Health Condition Under the FMLA?
A serious health condition is defined under the FMLA as an illness, injury, impairment, or physical or mental condition that involves either inpatient care or continuing treatment by a health care provider.
Inpatient Care
Inpatient care means an overnight stay in a hospital, hospice, or residential medical care facility, including any period of incapacity or any subsequent treatment in connection with such inpatient care.
Continuing Treatment by a Health Care Provider
Continuing treatment includes several categories:
Incapacity of more than 3 consecutive days plus treatment. A period of incapacity of more than 3 consecutive full calendar days and any subsequent treatment or period of incapacity relating to the same condition, that also involves either treatment two or more times within 30 days by a health care provider, or treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment.
Pregnancy or prenatal care. Any period of incapacity due to pregnancy or prenatal care.
Chronic conditions. A chronic condition that requires periodic visits for treatment by a health care provider (at least twice per year), continues over an extended period of time, and may cause episodic rather than a continuing period of incapacity (examples include asthma, diabetes, epilepsy, anxiety, depression, and dissociative disorders).
Permanent or long-term incapacity. A period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective (examples include Alzheimer’s disease, a severe stroke, or a terminal illness).
Multiple treatments. Any period of absence to receive multiple treatments for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than 3 consecutive calendar days in the absence of treatment (such as cancer, severe arthritis, or kidney disease).
Incapacity means the inability to work, attend school, or perform other regular daily activities due to the serious health condition, treatment of it, or recovery from the condition.
Source: DOL — FMLA; DOL Fact Sheet #28G; DOL elaws FMLA Advisor
FMLA and Mental Health Conditions
Mental health conditions can qualify as serious health conditions under the FMLA on the same basis as physical health conditions. The FMLA makes no distinction between physical and mental conditions — both are covered if they meet the statutory definition of a serious health condition.
Mental Health Conditions That May Qualify
According to DOL Fact Sheet #28O, serious mental health conditions that may qualify for FMLA leave include:
- Conditions requiring inpatient care, such as an overnight stay in a treatment center for addiction or an eating disorder.
- Conditions incapacitating an individual for more than 3 consecutive days and requiring ongoing treatment, including multiple appointments with a psychiatrist, clinical psychologist, or clinical social worker, or a single appointment and follow-up care such as prescription medication, outpatient rehabilitation counseling, or behavioral therapy.
- Chronic conditions such as anxiety, depression, dissociative disorders, bipolar disorder, PTSD, obsessive-compulsive disorder, and schizophrenia that cause occasional periods of incapacity and require treatment by a health care provider at least twice per year.
Key DOL Guidance on Mental Health Leave
An employer may not require that an employee present an official diagnosis of a mental health disorder in order to qualify for FMLA leave. A health care provider certification supporting the need for leave is sufficient, even without a specific diagnosis.
An eligible employee may take FMLA leave — including intermittent leave — for a qualifying mental health condition, whether for the employee’s own condition or to care for a spouse, child, or parent with a serious mental health condition.
Caring for a family member with a serious mental health condition may include providing psychological comfort and reassurance, traveling to treatment facilities, and attending care meetings.
An employer may take FMLA leave to care for an adult child (age 18 or older) with a serious mental health condition if the adult child is incapable of self-care because of a disability as defined by the Americans with Disabilities Act (ADA).
Source: DOL — Mental Health and the FMLA; DOL Fact Sheet #28O
FMLA and Pregnancy
Pregnancy and prenatal care qualify as serious health conditions under the FMLA. An eligible employee may use FMLA leave for:
- Incapacity due to pregnancy (including morning sickness and doctor-ordered bed rest)
- Prenatal medical appointments
- Childbirth and recovery from childbirth
- Bonding with the newborn child (within one year of birth)
Both the birthing parent and the non-birthing parent are entitled to 12 weeks of FMLA leave for the birth and bonding with a newborn child. Mothers and fathers have the same right to take FMLA leave for this purpose.
If both parents work for the same employer, each parent-employee has a separate entitlement to 12 workweeks of FMLA leave for bonding with the newborn child.
Note: FMLA leave is unpaid. Several states provide paid family leave benefits that may supplement FMLA leave. See the State Paid Family Leave section below.
Source: DOL — FMLA; DOL — FMLA FAQ; OPM Fact Sheet
How Intermittent FMLA Leave Works
FMLA leave does not need to be taken in a single continuous block. Eligible employees may take FMLA leave intermittently (in separate blocks of time) or on a reduced schedule (fewer hours per workday or workweek) under certain circumstances.
When Intermittent Leave Is Available
Medically necessary leave. Intermittent or reduced schedule leave is available when medically necessary for the employee’s own serious health condition, a family member’s serious health condition, or care of a covered servicemember.
Qualifying exigencies. Intermittent leave is available for qualifying exigencies related to a family member’s military service.
Birth or placement. Intermittent leave for bonding with a newborn or newly placed child requires the employer’s agreement, unless the child has a serious health condition requiring intermittent care.
How Intermittent Leave Is Calculated
When an employee takes FMLA leave for less than one full workweek, the amount of leave used is determined as a proportion of the employee’s actual workweek. Only the amount of leave actually taken may be counted against the FMLA entitlement.
FMLA leave may be used in increments of whole weeks, single days, hours, or in some cases less than an hour. The employer may limit the minimum increment of intermittent leave to the shortest period of time that its payroll system uses to account for other forms of leave, provided it is no more than one hour.
2026 DOL Guidance: Travel Time for Medical Appointments
On January 5, 2026, the DOL issued Opinion Letter FMLA2026-2 clarifying that employees may use FMLA leave for travel time to and from medical appointments related to a qualifying serious health condition — both for the employee’s own appointments and for appointments of a qualifying family member. However, FMLA protection does not extend to travel time that includes stops for unrelated activities such as shopping or personal errands.
Medical certifications are not required to address the employee’s travel time, as an employee’s commute to an appointment is not within the knowledge of the health care provider.
Temporary Transfer
If the need for intermittent or reduced schedule leave is foreseeable based on planned medical treatment, the employer may temporarily transfer the employee to an alternative position with equivalent pay and benefits that better accommodates recurring periods of leave.
Source: DOL — FMLA; DOL Opinion Letter FMLA2026-2
How the 12-Month Leave Period Is Calculated
Employers may choose one of four methods to determine the 12-month period in which an employee may use 12 workweeks of FMLA leave:
- Calendar year. January 1 through December 31.
- Fixed 12-month period. Any fixed 12-month period, such as a fiscal year or a year starting on the employee’s anniversary date.
- 12 months measured forward. 12 months measured forward from the date the employee’s first FMLA leave begins.
- Rolling 12-month period. 12 months measured backward from the date an employee uses any FMLA leave. Each time an employee takes FMLA leave, the remaining entitlement is the balance of 12 weeks not used during the immediately preceding 12 months.
The employer must apply the chosen method consistently and uniformly to all employees. If the employer fails to select a method, the method most favorable to the employee applies.
For the 26-week military caregiver leave, a single 12-month period begins on the first day the eligible employee takes military caregiver leave and ends 12 months later.
Source: DOL — FMLA FAQ
Employee Rights During FMLA Leave
Job Protection
Employees returning from FMLA leave must be restored to the same position they held before the leave or to an equivalent position. An equivalent position is one with equivalent pay, benefits, and other terms and conditions of employment, including equivalent duties, responsibilities, and status.
Health Insurance Continuation
Employers must maintain the employee’s group health insurance coverage during FMLA leave under the same terms as if the employee had continued working. The employee remains responsible for any share of the premium they paid before taking leave. If the employee fails to return from leave for a reason other than a qualifying reason, the employer may recover the premiums it paid during the leave period.
Protection from Retaliation
Employers are prohibited from:
- Interfering with, restraining, or denying the exercise of FMLA rights
- Retaliating against employees for using FMLA leave, filing a complaint, or participating in an investigation
- Using FMLA leave as a negative factor in employment decisions such as hiring, promotions, or discipline
- Counting FMLA leave against employees in attendance-based point systems
Key Employee Exception
A “key employee” is a salaried FMLA-eligible employee who is among the highest-paid 10 percent of all employees employed within 75 miles of the employee’s worksite. An employer may deny job restoration to a key employee if restoring the employee would cause substantial and grievous economic injury to the operations of the employer. The employer must notify the employee of this possibility at the time leave is requested or begins, and the employee must be given the opportunity to return to work.
Other Benefits
Upon return from FMLA leave, all employee benefits, including pension, life insurance, and other benefits, must be resumed in the same manner and at the same levels as when the leave began. The employee may not lose any benefit that accrued before the leave started.
Source: DOL — FMLA; DOL — FMLA FAQ
Employer Obligations Under the FMLA
Posting Requirement
Every covered employer is required to display a poster prepared by the DOL summarizing FMLA provisions and the procedures for filing complaints. The poster must be displayed in a conspicuous place where employees are employed. An employer that willfully violates the posting requirement may be subject to a civil money penalty for each separate offense.
Source: DOL — FMLA Posters
Required Notices to Employees
Employers must provide the following notices:
General notice. Must be included in employee handbooks or other written guidance to employees concerning benefits. If no such materials exist, a copy of the general notice must be given to each new employee upon hiring.
Eligibility notice (Form WH-381). Within 5 business days of a leave request or learning that leave may qualify under FMLA, the employer must inform the employee whether he or she is eligible. If not eligible, at least one reason must be stated.
Rights and responsibilities notice (Form WH-381). Provided at the same time as the eligibility notice, this written notice details expectations and obligations during leave, including any requirement for medical certification, substitution of paid leave, and employee obligations regarding premium payments.
Designation notice (Form WH-382). After determining whether the leave qualifies, the employer must inform the employee whether leave is designated as FMLA-protected. If additional information is needed from a certification, the employer must advise the employee.
Source: USA.gov — Employer Responsibilities Under FMLA; DOL — FMLA Forms
Medical Certification
An employer may require an employee to submit a medical certification from a health care provider to support the need for FMLA leave for the employee’s own serious health condition or a family member’s serious health condition. A medical certification may not be required for leave to bond with a newborn or newly placed child.
The certification must be provided within 15 calendar days, and the employer must allow the employee an opportunity to cure any deficiency. If the employee fails to provide a complete and sufficient certification, the employer may deny the leave.
An employer may not require that the certification include a specific diagnosis if it contains sufficient information to support the need for leave.
Health care providers who may provide FMLA certifications include doctors of medicine or osteopathy, podiatrists, dentists, clinical psychologists, optometrists, chiropractors (limited to manual manipulation of the spine), nurse practitioners, nurse-midwives, clinical social workers, physician assistants, and certain other providers.
Confidentiality of Medical Records
All employee medical records collected under the FMLA must be maintained confidentially and kept in a file separate from the general personnel file. Managers and supervisors may be informed only on a need-to-know basis — for example, if an employee needs leave or work restrictions.
Source: DOL Fact Sheet #28G; DOL — FMLA FAQ
Substitution of Paid Leave for FMLA Leave
FMLA leave is unpaid. However, an employee may choose — or an employer may require — the substitution of accrued paid leave (such as vacation, personal leave, or sick leave) for unpaid FMLA leave. When paid leave is substituted for unpaid FMLA leave, the leave is still FMLA-protected and counts against the employee’s FMLA entitlement.
Important 2026 development: The DOL has issued guidance clarifying that employers may not automatically require employees to substitute employer-provided PTO while the employee is receiving state paid family and medical leave (PFML) benefits. PTO substitution for the unpaid portion of FMLA leave may be permissible, but employer policies must be reviewed for compliance with both federal and applicable state rules.
Source: DOL — FMLA FAQ
FMLA Forms and Required Documentation
The DOL provides optional forms that employers may use. Employers may also create their own forms, but may not require any information beyond what is specified in the FMLA regulations.
| Form | Purpose | When Used |
|---|---|---|
| WH-381 | Notice of Eligibility and Rights & Responsibilities | Within 5 business days of leave request |
| WH-382 | Designation Notice | After employer determines if leave qualifies |
| WH-380-E | Certification of Employee's Own Serious Health Condition | When leave is for employee's own condition |
| WH-380-F | Certification of Family Member's Serious Health Condition | When leave is to care for a family member |
| WH-384 | Certification of Qualifying Exigency | For military qualifying exigency leave |
| WH-385 | Certification for Serious Injury or Illness of Current Servicemember | Military caregiver leave (current) |
| WH-385-V | Certification for Serious Injury or Illness of Veteran | Military caregiver leave (veteran) |
| All forms are available at DOL.gov — FMLA Forms | ||
| Source | DOL — FMLA Forms | |
FMLA vs. State Paid Family and Medical Leave
The FMLA provides unpaid, job-protected leave at the federal level. A growing number of states have enacted Paid Family and Medical Leave (PFML) programs that provide wage replacement during qualifying leaves. Where both federal FMLA and a state PFML program apply, the employee is entitled to the protections of both laws, and the leaves generally run concurrently.
| States with Mandatory Paid Family and Medical Leave Programs (as of 2026) | ||
|---|---|---|
| State | Program | Benefits Effective |
| California | CA Paid Family Leave / State Disability Insurance | Active |
| Colorado | FAMLI | Active (2024) |
| Connecticut | CT Paid Leave | Active (2022) |
| Delaware | Healthy Delaware Families Act | January 1, 2026 |
| Maine | Paid Family and Medical Leave | May 1, 2026 |
| Maryland | Family and Medical Leave Insurance | July 1, 2026 |
| Massachusetts | Paid Family and Medical Leave | Active (2021) |
| Minnesota | Paid Leave Minnesota | January 1, 2026 |
| New Jersey | NJ Family Leave Insurance / TDI | Active |
| New York | NY Paid Family Leave | Active (2018) |
| Oregon | Paid Leave Oregon | Active (2023) |
| Rhode Island | TCI / TDI | Active |
| Washington | Paid Family and Medical Leave | Active (2020) |
| Washington, D.C. | Universal Paid Leave | Active (2020) |
2026 key developments: Delaware, Maine, Maryland, and Minnesota are launching new PFML benefits in 2026. Washington state expanded job protection to employers with 25+ employees (down from 50+) effective January 1, 2026.
Note: Several additional states have pending legislation. For the most current information, consult each state’s official PFML program website.
Employees covered by both FMLA and a state PFML program should coordinate leave to ensure they receive both job protection (FMLA) and wage replacement (state PFML). Employers are advised to consult the DOL’s guidance on the interaction between FMLA and state programs.
State-by-state employment law details: Employment Laws by State | Unemployment Benefits by State
How to Request FMLA Leave
The following process reflects DOL guidance on requesting FMLA leave:
Step 1: Determine eligibility. Confirm that the employer is a covered employer and that you meet the three eligibility requirements (12 months of employment, 1,250 hours of service, worksite with 50+ employees within 75 miles).
Step 2: Notify the employer. Provide notice of the need for FMLA leave. If the leave is foreseeable (such as for a planned surgery or expected birth), 30 days’ advance notice is required when practicable. If the leave is not foreseeable, notice must be given as soon as practicable, generally the same day or next business day.
Step 3: Provide medical certification (if requested). If the employer requests certification, it must be provided within 15 calendar days. Use Form WH-380-E (employee’s condition) or WH-380-F (family member’s condition).
Step 4: Receive employer notices. The employer must provide an eligibility notice and rights and responsibilities notice (Form WH-381) within 5 business days. A designation notice (Form WH-382) must follow once the employer determines whether the leave qualifies.
Step 5: Take leave. FMLA leave may be taken as a continuous block, intermittently, or on a reduced schedule as applicable.
Step 6: Return to work. Upon return, the employee must be restored to the same or an equivalent position. If the employer requires a fitness-for-duty certification, this requirement must have been communicated in the rights and responsibilities notice.
The employee is not required to specifically mention “FMLA” when requesting leave. The employee need only provide enough information for the employer to determine that the leave may qualify under the FMLA.
FMLA Enforcement and Filing a Complaint
Filing a Complaint with the DOL
An employee who believes his or her FMLA rights have been violated may file a complaint with the Wage and Hour Division. A complaint may be filed in person, by mail, or by telephone with any local WHD office. There are over 200 WHD offices throughout the country.
WHD Toll-Free Helpline: 1-866-4-USWAGE (1-866-487-9243), available 8 a.m. to 5 p.m. in your time zone.
The complaint should be filed within a reasonable time after the employee discovers the FMLA violation.
Filing a Private Lawsuit
An employee also has the right to file a private lawsuit under the FMLA in any federal or state court of competent jurisdiction. The statute of limitations is:
- 2 years from the date of the last FMLA violation, or
- 3 years if the violation was willful
Available Remedies
The FMLA provides for the following remedies:
- Back pay, including lost wages, salary, employment benefits, or other compensation denied or lost due to the violation
- Interest on back pay amounts
- Liquidated damages (equal to the amount of back pay, unless the employer can demonstrate it acted in good faith)
- Equitable relief such as reinstatement or promotion
- Attorney’s fees and costs
PAID Program (2025–Present)
In July 2025, the DOL relaunched the Payroll Audit Independent Determination (PAID) program and expanded it to include potential FMLA violations. Through PAID, employers can self-audit compliance practices, report potential violations, and resolve them without litigation or liquidated damages.
Source: DOL elaws — FMLA Enforcement; DOL — FMLA FAQ; Worker.gov — Filing a WHD Complaint
Family Relationships Defined Under the FMLA
The FMLA defines covered family relationships as follows:
| Relationship | FMLA Definition |
|---|---|
| Spouse | Husband or wife as defined or recognized in the state where the individual was married, including common-law marriage and same-sex marriage |
| Child | Biological, adopted, or foster child, stepchild, legal ward, or child of a person standing in loco parentis who is under 18, or 18+ and incapable of self-care due to a mental or physical disability |
| Parent | Biological, adoptive, step, or foster parent, or any person who stood in loco parentis to the employee when the employee was a child |
| Next of kin | Nearest blood relative of the covered servicemember (for military caregiver leave only) |
In loco parentis means a person who has day-to-day responsibilities for the care and financial support of a child, or who had such responsibilities when the employee was a child. No legal or biological relationship is necessary.
Not covered: Parent-in-law, sibling (unless the employee stands in loco parentis), grandparent, grandchild (unless in loco parentis applies).
Source: DOL — FMLA; DOL Form WH-381
FMLA for Federal Employees
Federal employees receive FMLA leave benefits under separate statutory authority. Title II of the FMLA (5 U.S.C. §6381–6387) applies to most federal employees, with implementing regulations issued by the Office of Personnel Management (OPM) at 5 CFR Part 630, Subpart L.
Key differences for federal employees:
- The 12-month and 1,250-hour eligibility requirements still apply, but virtually all types of civilian federal service (including temporary or intermittent service) count toward the 12-month requirement.
- Holidays that occur during FMLA leave do not count against the 12-week entitlement.
- Both parent-employees have separate 12-week entitlements for bonding with a newborn — there is no combined limit when spouses work for the same agency (unlike under the DOL regulations for private-sector employers).
- Federal employees may substitute accrued sick leave, annual leave, or donated annual leave for unpaid FMLA leave.
- OPM (not the DOL) administers FMLA for most federal employees. Federal employees should contact their servicing HR office for FMLA questions.
Frequently Asked Questions
Is FMLA leave paid or unpaid?
FMLA leave is unpaid under federal law. However, employees may use accrued paid leave (vacation, sick, personal) during FMLA leave, and employers may require this substitution. Several states have separate paid family and medical leave programs that provide wage replacement. See the State Paid Family Leave section.
Can an employer deny FMLA leave?
An employer may not deny FMLA leave to an eligible employee with a qualifying reason. However, the employer may require medical certification and may deny leave if the employee fails to provide a complete and sufficient certification after being given an opportunity to cure any deficiency.
Can an employee be fired while on FMLA leave?
An employer may not terminate an employee because they took or requested FMLA leave. However, FMLA does not protect an employee from employment actions that would have occurred regardless of the leave — for example, a legitimate layoff or termination for cause unrelated to the leave.
Does FMLA cover mental health conditions?
Yes. Mental and physical health conditions are treated equally under the FMLA. Chronic mental health conditions such as anxiety, depression, PTSD, bipolar disorder, and OCD may qualify as serious health conditions if they require inpatient care or continuing treatment by a health care provider.
Can FMLA leave be used for doctor’s appointments?
Yes. FMLA leave may be taken intermittently for medical appointments related to a serious health condition — including travel time to and from the appointment, per the DOL’s January 2026 opinion letter (FMLA2026-2).
Is FMLA available for a parent-in-law?
No. FMLA leave to care for a family member is limited to a spouse, child, or parent. A parent-in-law is not a covered family member under the FMLA.
How many hours does an employee need to work to be eligible for FMLA?
An employee must have worked at least 1,250 hours of service during the 12 months preceding the start of FMLA leave. This is determined using FLSA principles for compensable hours. Overtime hours count toward the 1,250-hour threshold.
Can both parents take FMLA leave for the same child?
Yes. Both parents are entitled to FMLA leave for the birth and bonding with a newborn, or for the placement of a child for adoption or foster care. If both parents work for the same private-sector employer, their combined bonding leave may be limited to 12 weeks total under DOL regulations. However, for federal employees under OPM regulations, each parent has a separate 12-week entitlement with no combined limit.
Can FMLA leave be taken for substance abuse treatment?
FMLA leave may be taken for treatment for substance abuse by a health care provider or by a provider of health care services on referral by a health care provider. However, absence because of the employee’s use of the substance (rather than for treatment) does not qualify for FMLA leave.
What happens to health insurance during FMLA leave?
The employer must maintain group health insurance coverage during FMLA leave on the same terms as if the employee had continued working. The employee must continue paying any share of the premium they were paying before the leave.
Can an employer require a fitness-for-duty certification before returning to work?
Yes, if the employer has a uniformly applied policy requiring such certification for employees returning from leave for their own serious health condition, and the employee was notified of this requirement in the rights and responsibilities notice. The certification relates only to the condition for which FMLA leave was taken.
Can FMLA leave be counted against an employee for a bonus or attendance award?
An employer may deny a bonus based on achieving a goal (such as perfect attendance) to an employee who takes FMLA leave, but only if it applies the same rule to employees taking non-FMLA leave. FMLA leave may not be treated less favorably than other types of leave.
Related Federal Employment Laws
The FMLA interacts with several other federal employment laws. The following resources on RemoteLaws.com provide additional information:
- Fair Labor Standards Act (FLSA) — 2026 Complete Guide — The FLSA governs minimum wage, overtime, and hours of work. FLSA principles determine whether an employee has met the 1,250-hour FMLA eligibility requirement.
- No Tax on Overtime — Federal Deduction Guide 2026 — Overtime hours are relevant to FMLA eligibility calculations.
- No Tax on Tips — Federal Deduction Guide 2026 — Employment law overview for tipped employees.
Update History
- March 2026: Initial publication — all information verified against DOL.gov, OPM.gov, and USA.gov. Includes January 2026 DOL Opinion Letter FMLA2026-2 on travel time for medical appointments and 2026 state PFML program launches (Delaware, Maine, Maryland, Minnesota).
- Next planned update: January 2027 (annual review for any legislative or regulatory changes).
Official Government Resources
| Resource | URL |
|---|---|
| DOL — FMLA Main Page | dol.gov/agencies/whd/fmla |
| DOL — FMLA FAQ | dol.gov/agencies/whd/fmla/faq |
| DOL — FMLA Employee Guide (PDF) | dol.gov/agencies/whd/fmla/employee-guide |
| DOL — FMLA Forms | dol.gov/agencies/whd/fmla/forms |
| DOL — FMLA Posters | dol.gov/agencies/whd/fmla/posters |
| DOL — Mental Health and the FMLA | dol.gov/agencies/whd/fmla/mental-health |
| DOL — FMLA Fact Sheets | dol.gov/agencies/whd/fact-sheets?topic=fmla |
| DOL — elaws FMLA Advisor | webapps.dol.gov/elaws/whd/fmla |
| DOL — FMLA Laws and Regulations | dol.gov/agencies/whd/fmla/laws-and-regulations |
| DOL — Filing a WHD Complaint | dol.gov/agencies/whd/contact/complaints |
| OPM — FMLA for Federal Employees | opm.gov/fact-sheets/family-and-medical-leave |
| USA.gov — Employer FMLA Responsibilities | usa.gov/employer-fmla |
| Worker.gov — Filing a WHD Claim | worker.gov/actions-whd-claim |
| DOL Opinion Letter FMLA2026-2 (Travel Time) | dol.gov — FMLA2026-2 (PDF) |