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Family Medical Leave Act

The Family and Medical Leave Act initially became law when signed in 1993 by former President Clinton. It has undergone multiple revisions since then. It allows for eligible employees to take up to 12 weeks annually of unpaid, job-protected leave for certain reasons, which are commonly referred to as a “qualifying event,” which include:

  • The birth of a son or a daughter of the employee and in order to care for such son or daughter;

  • The placement of a son or daughter with the employee for adoption or foster care;

  • The care of a spouse, son, daughter or parent of the employee, if such spouse, son, daughter or parent has a serious health condition;

  • An employee's own serious health condition that makes the employee unable to perform the functions of his or her position; or

  • Any qualifying exigency arising out of the fact that the employee's spouse, son, daughter or parent is a covered military member on “covered active duty.”

Twenty-six workweeks of leave during a single 12-month period is allowed to care for a covered service member with a serious injury or illness who is the spouse, son, daughter, parent, or next of kin to the employee (military caregiver leave).

All private employers with 50 or more employees, including part-time workers, within a 75-mile radius, as well as federal civil service employees, state and local government workers and employees of Congress are eligible for this leave. Employers can limit eligibility to employees who have worked at least one year and at least 1,250 hours during the 12-months preceding the start of the leave.

Employer notices

Information on employer notices, can be obtained at:​​​​​​
​​​​​​​www.pia.org/IRC/health/acaemployernoticeproactive9.17.13.pdf.

QuickSource documents

QS90400—Family Medical Leave Act
QS90478—Managing leave for sick, injured and disabled employees

New Jersy resources

QS29221—Family leave laws in New Jersey—paid and unpaid

Common forms

Forms: Final rule to implement statutory amendments to the Family and Medical Leave Act

Additional resources

FMLA employee guide
FMLA poster
FMLA FAQs

FMLA Fact Sheets:

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