FMLA applies to employers with 50 or more employees within 75 miles of the employee's worksite, to all public agencies regardless of size, and to public and private elementary and secondary schools. Eligible employees are those who have worked for a covered employer for at least 12 months, have logged at least 1,250 hours in the past 12 months, and work at a location where the employer has at least 50 employees within 75 miles. Employees who meet these criteria are entitled to take up to 12 weeks of unpaid leave per year (measured on a rolling or calendar-year basis, at the employer's option) for qualifying reasons.
FMLA qualifying reasons include: birth of a child or placement of a child for adoption or foster care (within the first 12 months); a serious health condition that makes the employee unable to perform the essential functions of their job; care for a spouse, child or parent with a serious health condition; a qualifying exigency related to a family member's active military service; and care for a covered servicemember with a serious injury or illness (up to 26 weeks in this last case). "Serious health condition" is a defined term meaning an illness, injury or condition requiring inpatient care or continuing treatment by a healthcare provider - it covers chronic conditions like diabetes, asthma and migraine when they involve periodic incapacity.
FMLA leave can be taken intermittently or as a reduced schedule when medically necessary - an employee with a chronic condition, for example, may take FMLA leave one morning per week for chemotherapy rather than in a continuous block. This intermittent leave provision is the source of most FMLA compliance complexity and litigation. Employers must track intermittent FMLA usage in increments no larger than the shortest period the payroll system tracks, must notify employees within five business days when a leave qualifies as FMLA-protected, and cannot count FMLA-protected absences in attendance policies.
Employer obligations under FMLA include: posting a notice of FMLA rights in a visible location; providing employees with a general notice upon hire and a specific notice when they request leave that may qualify; obtaining medical certification from a healthcare provider (within 15 calendar days); and restoring the employee to the same or an equivalent position on return. FMLA leave is unpaid at the federal level, but employers must allow (and in some cases must require) employees to substitute accrued paid leave concurrently with FMLA leave. Many states have their own family and medical leave laws that provide broader coverage, additional qualifying reasons or paid leave - California, New Jersey, New York and Massachusetts are notable examples.
Key Points: FMLA
- Coverage: Employers with 50+ employees within 75 miles; employees with 12+ months service and 1,250+ hours in the past year.
- Entitlement: Up to 12 weeks unpaid job-protected leave per year; up to 26 weeks for care of a seriously injured servicemember.
- Qualifying reasons: Birth or adoption, serious health condition, care for family member with serious condition, military qualifying exigency.
- Intermittent leave: Can be taken in blocks as small as the payroll increment; must not count toward attendance discipline.
- State laws: Many states provide greater rights than federal FMLA; employers must comply with whichever standard is more protective.
How FMLA Works in Treegarden
FMLA in Treegarden
For US-based organisations using Treegarden, the HR module tracks FMLA eligibility and usage automatically. When an employee requests leave that may qualify as FMLA-protected, the system prompts the designation workflow, tracks intermittent usage against the 12-week entitlement, and alerts HR when the threshold is approaching. Integrated document management stores medical certifications, employer notices and employee authorisations in the employee's digital file with full audit trail.
Related HR Glossary Terms
Frequently Asked Questions About FMLA
No. FMLA provides only unpaid, job-protected leave at the federal level. However, employers must allow employees to substitute accrued paid leave (vacation, sick, PTO) concurrently with FMLA leave, and may require them to do so if the company policy requires use of paid leave for absences of the relevant type. When paid leave runs out, the remainder of the FMLA entitlement is unpaid. Some state laws (California, New Jersey, New York, others) provide partial wage replacement through state-funded disability or family leave insurance programs.
An employer cannot deny FMLA leave to an eligible employee for a qualifying reason. Refusing to grant leave, retaliating against an employee for taking leave, or counting FMLA absences against the employee in attendance policies are all FMLA violations. However, employers can deny leave that does not qualify under FMLA (e.g., a condition that does not meet the "serious health condition" definition, or leave taken by an employee who has not yet worked for 12 months). Employers can also delay or interrupt leave in limited circumstances, such as when medical certification is not provided timely.
FMLA and the ADA (Americans with Disabilities Act) are separate but overlapping federal laws. FMLA provides job-protected leave for qualifying family and medical reasons, regardless of whether the condition is a disability. The ADA requires employers to provide reasonable accommodations to employees with disabilities, which may include modified schedules or additional leave beyond FMLA. An employee may be entitled to both FMLA leave and ADA accommodation for the same condition. When FMLA leave is exhausted, an employee with a disability may still be entitled to additional leave as an ADA reasonable accommodation - employers must conduct an interactive process to determine this.