If you employ people in the US (or you’re planning to) understanding the Family and Medical Leave Act (FMLA) isn’t optional. It’s a foundational part of US labor law, protecting eligible employees who need time away for major life or health events — and you need to comply with it.
But for a small business — especially one navigating growth — it can be confusing to know exactly how it applies, when it kicks in, and how to stay compliant.
In this article, we’ll break it all down and explain what the FMLA covers, who it applies to, and what your obligations are. We’ll also show you how to stay ahead of risk while building a supportive, people-first workplace. So let’s jump straight in.
First, what is the FMLA?
As mentioned, FMLA stands for the Family and Medical Leave Act, a federal law passed in 1993 that enables eligible employees to take up to 12 weeks of unpaid, job-protected leave per year. During this leave, you — as the employer — must continue to provide group health benefits as if your employee hadn’t taken leave at all.
However, the FMLA is about more than just time off. It’s about protecting employee rights during pivotal moments in their lives, whether that’s welcoming a child, caring for an ill parent, or recovering from a serious illness.
Who does the FMLA apply to?
If you’re a private sector employer with 50 or more employees for 20 or more weeks of the previous or current calendar year, you are required to comply with FMLA.
The FMLA also applies to public agencies (regardless of size), and public or private elementary and secondary schools.
What if your business has fewer than 50 employees?
If you have fewer than 50 employees, the FMLA may not apply, but other state laws might. We’ll discuss this in more detail below.
It’s also worth noting that many smaller companies offer FMLA-like policies voluntarily. This is to help attract and retain top employees as part of a competitive benefits package, and is something you may want to consider, even if you’re not legally obligated to do so.
Which employees are eligible?
Not all employees are covered under the FMLA, and the eligibility criteria can be stringent. To qualify for FMLA leave, an employee must:
Have worked for your company for at least 12 months (this doesn’t have to be consecutively)
Have worked at least 1,250 hours during the 12 months prior to leave
Be employed at a worksite where 50 or more employees are located within 75 miles
If all three criteria are met, the employee qualifies — even if they work part-time or are not salaried.
What does the FMLA actually cover?
Essentially, the FMLA covers serious life events that require extended time away from work.
Eligible employees can take up to 12 weeks of unpaid, job-protected leave (in a 12-month period) for any of the following:
The birth of a child and care for the newborn
Adoption or foster care placement of a child
Caring for an immediate family member (such as a spouse, child, or parent) with a serious health condition
A serious health condition that makes the employee unable to perform their job
A qualifying exigency due to a family member’s active duty military service
Employees can also take up to 26 weeks in a single 12-month period to care for a covered service member with a serious injury or illness.
Note that employees can use the FMLA intermittently (e.g., for treatments or flare-ups) or on a reduced schedule if medically necessary.
What counts as a “serious” health condition?
This is one of the most misunderstood areas of the FMLA. Under the law, a “serious” health condition includes illnesses, injuries, impairments, or physical or mental conditions that involve:
Inpatient care (i.e., an overnight stay in a hospital)
Chronic conditions requiring ongoing treatment
Incapacity of more than three days with continuing treatment from a healthcare provider
Pregnancy and pre-natal care
What are your responsibilities under the FMLA?
If you’re a covered employer, you’re responsible for taking the following actions:
1. Providing clear notice
Employers must provide four types of notices to their employees:
General notice: You must post information about the FMLA in your workplace, and include it in your employee handbook.
Eligibility notice: You must notify employees within five business days of a leave request whether or not they are eligible.
Rights and responsibilities notice: You must clearly outline the employee’s rights, obligations, and consequences to them.
Designation notice: You must inform the employee whether the leave is designated as FMLA-protected.
2. Maintaining health coverage
If the employee had group health insurance before their leave, you must continue providing that coverage during their FMLA leave on the same terms as if they were actively working.
3. Reinstating employees to their role
Once the leave ends, the employee must be returned to their original job — or a nearly identical one. This includes keeping the same pay, benefits, and conditions.
4. Keeping records
Under the law, employers are required to keep FMLA-related records for at least three years. This includes:
Dates of the leave
Copies of the employee notices
Benefits and pay information
Medical certifications (in confidential files)
Can you require employees to use paid time off first?
Yes. You may require your employees to use their accrued vacation, sick, or PTO time as part of their FMLA leave. This can help to manage overlapping leave policies.
Can you deny a request if it’s inconvenient timing?
No. As long as your employee meets the eligibility criteria and the reason is covered, FMLA leave is a legal right — not a perk. That said, your employees must provide 30 days’ notice if the leave is foreseeable.
What about state laws?
As touched upon, the FMLA is a federal law — and some states have different rules.
If your business isn’t covered by the federal FMLA, you might still be required to offer similar leave benefits under the laws of the state where your employee is based. And some state programs go even further, requiring paid leave, lower eligibility thresholds, or expanded definitions of family.
Here are just a few examples:
State-specific family medical leave laws in the US
| Covers small employers? | Paid leave? | Notable differences |
California | Yes (5+ employees) | Yes | Includes domestic partners; provides eight weeks of paid family leave. |
New York | Yes (all employers) | Yes | Covers care for extended family; job-protected leave. |
Massachusetts | Yes | Yes | Funded by payroll taxes; up to 26 total weeks of paid leave. |
New Jersey | Yes (30+ employees) | Yes | Includes bonding and care leave; often runs alongside disability. |
Washington | Yes (all employers) | Yes | Job protection starts at 50+ employees; paid benefits for all. |
Other states also have active or upcoming paid family leave programs, so it’s important to be aware of the rules in your state — or your employees’, if they are based elsewhere.
Check your state’s regulations or, to save yourself time and potential compliance headaches, use an automated and trustworthy HR platform like Remote that does the heavy legal lifting for you, and helps ensure you adhere to local, state, and federal rules.
To see a full breakdown of each individual state’s family medical leave laws — and what they mean for your business — check out our free US State Explorer tool.
How can Remote help?
Your business might not be required to follow the FMLA, but that doesn’t mean you should ignore it. Here are the key things to take away:
Document everything. Good record-keeping protects your business, and is a legal requirement in certain cases.
Use clear policies. Whether it’s dictated by the FMLA or not, spell out your policy clearly so that your employees understand their rights and obligations.
Know your state laws. Some state-level laws cover gaps in the FMLA, and often apply to employers with fewer than 50 employees.
Navigating the FMLA and covering these gaps — especially if you have employees in multiple states — can be complex and time-consuming. This is why it’s recommended to work with a compliance and HR partner like Remote, that:
Automatically applies FMLA protections to your eligible employees, ensuring you meet federal requirements.
Continues your employee’s health coverage during FMLA leave, just as if they were still on the job.
Helps administer up to 12 weeks of job-protected leave for qualifying family and medical events, with no guesswork required.
Constantly monitors federal and state-level labor laws to keep you compliant and ahead of change.
Helps your people explore short-term disability benefits to ease their financial stress during time away.
To learn more about how exactly Remote removes all your compliance and HR headaches — for family medical leave and beyond — speak to one of our friendly experts today.
