FMLA Leave Rights Explained | Addison Law Firm

The Family and Medical Leave Act gives eligible employees up to 12 weeks of unpaid, job-protected leave per year. Here's what you need to know.

Who Is Eligible?

To qualify for FMLA leave, all three conditions must be met:

50+ employees

Your employer has 50 or more employees within 75 miles of your worksite

12 months employed

You have worked for the employer for at least 12 months

1,250 hours worked

You have worked at least 1,250 hours during the 12 months before your leave begins

What Does FMLA Cover?

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Your own serious health condition — a condition requiring inpatient care or continuing treatment by a healthcare provider

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Caring for a family member — spouse, child, or parent with a serious health condition

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Birth and bonding — with a newborn child

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Placement — of a child for adoption or foster care

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Military family leave — qualifying exigencies when a family member is deployed, or up to 26 weeks for military caregiver leave

What FMLA Provides

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Up to 12 weeks — of unpaid leave per 12-month period

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Job protection — You must be returned to the same position or an equivalent one

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Health insurance — Continuation on the same terms as if you were actively working

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Intermittent leave — Can be taken in blocks of time or even hours when medically necessary

Common FMLA Violations

Denial of leave

Employer refuses to grant FMLA leave when you are eligible

Interference

Employer discourages FMLA use, requires work during leave, or pressures you to return early

Retaliation

Employer fires, demotes, or takes adverse action because you requested or took FMLA leave

Failure to restore

Employer does not return you to your same or equivalent position after leave

What to Do If Your Rights Are Violated

Document the violation

save denial notices, emails, texts, and any communications about your leave request

File a complaint

with the U.S. Department of Labor, Wage and Hour Division

Consult an employment attorney

FMLA claims can be filed in federal court; you may recover lost wages, benefits, and liquidated damages

Key Takeaway

FMLA leave is not a favor from your employer — it is a federal right. If your employer fires you for taking leave, refuses to approve it, or penalizes you for using it, you have legal recourse.