In 1993, the Family and Medical Leave Act (FMLA) was signed into law. This act protects your right to take leave from work when dealing with your own or a family members’ serious health condition. Eligibility for the FMLA is determined by a couple criteria:
- Private vs. Public Sector: If you are a private sector worker or, in other words, you don’t work for the government, you would qualify for FMLA if your workplace has 50 or more employees that have worked at least 20 work weeks. You must also work at a location that has at least 50 employees within a 75-mile radius. Public sector workers, or government employees, qualify regardless of employee count. Similarly, educational workplaces, which include public school boards and elementary, middle, and high schools (both private and public), also qualify for FMLA even if there are less than 50 employees.
- Tenure: In order to qualify for FMLA, you must have worked at least 12 months and 1,250 hours at your workplace. The 12 months do not need to be consecutive, but paid time off, sick leave, and previous FMLA leave do not count towards the hour quota.

Due to the 50/75 rule, or the fact that your location must have at least 50 employees within a 75-mile radius, you may be ineligible for FMLA if you work at a remote, satellite office. An estimated 40% of the American workforce are not eligible for FMLA due to working for a small employer, not meeting the month or hour requirement, or working at remote office.
Qualifying for the FMLA results in several protections:
- Keeping Your Job: If you take FMLA leave, then you are assured your original job or an “equivalent” position. If you are given a different position following FMLA leave, then the new job must have identical pay, benefits, skill requirements, and working conditions to your previous position.
- Continuing Health Benefits: During FMLA leave, your employer is required to maintain your health insurance coverage. The benefits should be the same ones you receive while working, so your employer will continue to pay its share of the premium, and you pay what’s left.
- Reinstating Other Benefits: Once you return to work, your other benefits, such as life and disability insurance, sick leave, and vacation time will be restored to the level they were at before you took FMLA leave.
If you are eligible under the FMLA, you may take FMLA leave in the following situations:
- Pregnancy, Prenatal, or Adoption: You are entitled leave for the birth of your child, plus time to bond with your newborn. Bonding leave can be taken by both parents and must occur within 12 months of the birth. Complications of pregnancy, including severe morning sickness, doctor-ordered bed rest, and routine appointments also qualify under the FMLA. You may also take FMLA leave when placing children into foster care or adoption, but the leave must occur within 1 year of placement.
- Family Member’s Health: If a family member is experiencing a serious health condition, you may take up to 12 weeks of leave to care for your spouse, child, or parent. Your child, regardless of whether they are biological, adopted, or foster children, are covered by the FMLA’s definition of “child.” However, they must be under the age of 18. For adult children, the FMLA only applies to those who cannot care for themselves due to a disability. Siblings, grandparents, and in-laws are not considered qualifying family members.
Your Own Health: If you are experiencing a serious health condition that makes you unable to continue working, you may take FMLA leave. Inpatient care, which includes overnight hospital stays, recovery, and follow-up appointments are covered by the FMLA. Continuing treatment for on-going health conditions, such as asthma, diabetes, epilepsy, Alzheimer’s, severe stroke, or terminal illness are also covered by FMLA. Common colds, minor health issues, or routine physicals do qualify for FMLA leave. The condition must impair your ability to do your job and require meaningful medical treatment to qualify.
FMLA leave does not need to be taken in a single block. You can take intermittent leave or reduce your working hours in certain situations.
Your health and the health of your family should always be your priority in an emergency. Utilizing FMLA leave allows you to focus completely on recovery, without having to worry about job security or health insurance.






