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FMLA Leave
Everything You Need to Know
The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year. It also requires employers to maintain your health insurance coverage during your leave.
FMLA covers a wide range of situations, from recovering from surgery or managing a chronic condition to caring for a sick family member or bonding with a new child. If your health situation makes it difficult to work, or if someone close to you needs your care, you may be entitled to protected time off.
To qualify, your condition must meet the definition of a “serious health condition” under FMLA. Your employer will request a medical certification form, typically DOL Form WH-380-E for your own health condition or WH-380-F for caring for a family member. Our licensed providers evaluate your situation, complete the required forms, and ensure your documentation meets federal standards.
Common reasons people use FMLA:
Recovery from surgery or hospitalization
Mental health conditions like depression, anxiety, or PTSD
Chronic conditions requiring ongoing treatment
Pregnancy, childbirth, and postpartum recovery
Caring for a spouse, child, or parent with a serious health condition
Bonding with a newborn, adopted, or foster child
Who Qualifies for an FMLA Leave?
Conditions That Qualify for FMLA
to care for a family member. Here are some of the most common qualifying conditions:
Mental Health Conditions
Depression, anxiety, PTSD, bipolar disorder, and other mental health conditions can qualify for FMLA when symptoms are severe enough to affect your ability to work. FMLA provides protected time for therapy, treatment programs, and recovery.
Surgery and Recovery
Any surgery that requires inpatient care or continued treatment qualifies for FMLA. This includes planned procedures, emergency surgeries, and the recovery time needed before returning to work.
Chronic Conditions
Conditions like diabetes, epilepsy, asthma, migraines, or autoimmune disorders that require periodic treatment or cause episodic flare-ups may qualify for intermittent FMLA leave.
Cancer Treatment
Chemotherapy, radiation, surgery, and recovery time for cancer treatment are covered under FMLA. This includes time for appointments, procedures, and managing side effects.
Pregnancy and Childbirth
FMLA covers prenatal appointments, pregnancy-related conditions, labor, delivery, and postpartum recovery. Both parents are eligible for leave to bond with a new child.
Caring for a Family Member
If your spouse, child, or parent has a serious health condition, you may take FMLA leave to provide care, including attending medical appointments or providing day-to-day support.
Bonding with a New Child
FMLA provides leave to bond with a newborn within the first year of birth, or with a child newly placed for adoption or foster care.
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FAQs
What qualifies as a “serious health condition” under FMLA?
A serious health condition is an illness, injury, impairment, or physical/mental condition that involves inpatient care OR continuing treatment by a healthcare provider. This includes conditions requiring overnight hospitalization, chronic conditions requiring periodic treatment, pregnancy, and conditions requiring multiple treatments like chemotherapy or physical therapy.
How much time can I take off with FMLA?
Eligible employees can take up to 12 workweeks of leave in a 12-month period. For military caregiver leave, you may be eligible for up to 26 weeks. Leave can be taken all at once, intermittently, or on a reduced schedule, depending on your situation.
Will I get paid during FMLA leave?
FMLA itself is unpaid leave. It provides job protection, not income. However, you may be able to use accrued PTO, sick leave, or vacation time. If you live in a state with paid family leave (like California, New York, or Washington), you may receive partial wage replacement through that program while on FMLA.
Can my employer deny my FMLA request?
If you meet the eligibility requirements and have a qualifying condition, your employer cannot deny your FMLA leave. However, they can request medical certification to verify your need for leave. That's where we come in. Our providers complete the required forms to support your request.
What forms do I need for FMLA?
For your own health condition, your employer will typically require the DOL Form WH-380-E (Certification of Health Care Provider for Employee's Serious Health Condition). For family care, Form WH-380-F is used. Our providers will complete the appropriate form based on your situation.
What if I don’t qualify for FMLA?
If you don't meet FMLA eligibility requirements (employer size, tenure, or hours worked), you may still have options. Many states have their own leave laws that cover employees at smaller companies or with less tenure. Our team can help identify what programs may apply to your situation.
Does my state have different FMLA rules?
FMLA is a federal program, so its core protections apply nationwide. However, some states have additional programs that offer paid leave or expanded eligibility. States with paid family leave programs include California, New York, New Jersey, Washington, Massachusetts, Colorado, Oregon, Connecticut, Rhode Island, and DC. During your evaluation, we'll help you understand what applies in your specific case.