What are the requirements for family medical leave?

Requirements for Family Medical Leave

To qualify for Family Medical Leave Act (FMLA) benefits, employees must have worked at least 12 months for their employer, the employer must have 50 or more employees, and the leave provides 12 weeks of unpaid, job-protected time off for qualifying family and medical reasons. 1

FMLA Eligibility Requirements

• Employees must have worked for their employer for at least 12 months 1
• Employees must have worked at the employer for a minimum number of hours (typically 1,250 hours in the previous 12 months) 1
• The employer must have 50 or more employees 1
• New employees (such as those starting a fellowship or new position) do not qualify until they accrue 12 months of work 1

What FMLA Provides

• 12 weeks of unpaid leave 1
• Job protection during the leave period 1
• Continuation of health benefits during leave 2, 3
• Leave can be taken for specific qualifying reasons 1

Qualifying Reasons for FMLA Leave

• Birth and care of a newborn child 1
• Adoption or foster placement of a child 1
• Care for an immediate family member with a serious health condition 1, 4
• Employee's own serious health condition 1, 3
• Certain qualifying exigencies related to a family member's military service 3, 4

State Variations and Additional Protections

• State laws may provide additional protections beyond federal FMLA 1
• Some states have expanded FMLA laws with additional protected leave time 1
• Only a small minority of states have provisions for paid leave 1
• Some institutions may provide additional benefits for family, medical, and other types of leave 1

Important Considerations and Potential Pitfalls

• Taking leave may have financial consequences due to unpaid nature of FMLA 1
• Employees should be informed about FMLA qualification at the start of employment 1
• Documentation requirements include medical certification for health-related leaves 2, 3
• Intermittent leave is possible for qualifying conditions but must be properly documented 2, 3
• Workplace stigma may discourage full utilization of available leave 1

Recent Developments

• The American Academy of Pediatrics supports the FAMILY Act (S.337), which would create an insurance system allowing workers to take up to 12 weeks of paid leave for family care 1, 5
• A 2019 law mandated 12 weeks of paid parental leave for federal employees for birth, adoption, or fostering of a new child 1
• Research shows that paid family leave correlates with increased length of breastfeeding, reduced parental stress, and decreased maternal depressive symptoms 1, 6

Special Considerations for Healthcare Professionals

• Medical residents and fellows are protected under FMLA, but extended leave may affect their ability to meet certification or graduation requirements 1
• Medical students are not eligible for FMLA protections as they are not considered employees 1
• Physician mothers face unique difficulties with maternity leave, with studies showing over half report losing more than $10,000 in income during leave 1
• Only about 29% of female physicians have maternity leave included in their contracts 1