Glossary

Term · California: Leave, Money, and Paperwork

Family and Medical Leave Act

Also: family leave act, federal family leave, unpaid family leave law

A federal law that gives eligible workers up to 12 weeks of unpaid, job-protected leave for a new baby and certain health needs.

In plain words

The Family and Medical Leave Act is a federal law passed in 1993. It gives eligible workers up to 12 weeks of unpaid leave in a year. The job is protected while you are away, so your employer has to hold it for you. Leave can be used for the birth and bonding with a new child, or for your own , including recovery from childbirth. Eligibility depends on how long you have worked for the employer and how many people the employer has. A 2018 federal survey estimated that about 56 percent of workers were eligible. Many states, including California, add their own leave programs. Employers' human resources teams usually handle the paperwork.

The deeper version

The (29 U.S.C. section 2601 and following) provides up to 12 workweeks of unpaid, job-protected leave in a 12-month period for the birth and care of a newborn, placement for adoption or foster care, and a serious health condition. Eligibility requires 12 months of employment, 1,250 hours worked in the prior year, and a worksite with 50 or more employees within 75 miles. The U.S. Department of Labor 2018 FMLA Employee Survey estimated eligibility at roughly 56 percent of employees. Pregnancy complications and postpartum recovery commonly qualify as a serious health condition. The statute does not require paid leave, and interaction with state programs such as California's is governed by separate rules.

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Sources

  • U.S. Department of Labor — Fact Sheet 28: The Family and Medical Leave Act, Wage and Hour Division
  • U.S. Department of Labor — 2018 Family and Medical Leave Act Employee Survey, 2019

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