WE LIVE IN USA
Racco My checklist
All guides +
USA COMPLETEAll 91 items, ad-free, one purchase for lifeUnlock all 91 items →

FMLA Leave, Up to 12 Unpaid Weeks, Job and Health Plan Kept

Eligible employees can take up to 12 workweeks of unpaid, job-protected family and medical leave (FMLA) in a 12-month period, and the employer must continue group health benefits under the same terms and conditions. It doesn’t apply to everyone: the employer must be a private company with 50 or more employees (or a public agency or school), you must have worked for that employer for at least 12 months with at least 1,250 hours in the past 12 months, and the employer must have at least 50 employees within 75 miles of your worksite.

This article follows the FMLA page of the Department of Labor’s Wage and Hour Division (WHD): the reasons you can take leave, which employers and employees are covered and who to call with questions.

Reasons you can take leave

The Department of Labor explains (DOL WHD family and medical leave):

Covered employers

Eligible employees

Requesting leave and getting help

For how to file a WHD complaint and what to prepare, see Unpaid Wages, File with DOL Wage and Hour, No Retaliation; for the federal minimum wage and overtime, see Federal Minimum Wage Is $7.25, Overtime After 40 Hours. Our education site has a guide on letting your child’s school know when your child is sick.

What this article did not check

Frequently asked questions

Is FMLA leave paid?

No. The Department of Labor says FMLA leave is unpaid and job-protected.

Do I keep my health insurance during leave?

Yes. The employer must continue group health benefits under the same terms and conditions.

I’ve only been at my new job for three months. Can I take FMLA leave?

You don’t qualify for FMLA yet. You need at least 12 months with the employer and at least 1,250 hours in the past 12 months.

My company has only 20 people. Does it apply?

Private companies need 50 or more employees to be covered; public agencies and schools are covered regardless of size.

Sources and dates checked

All checked on 2026-10-31.

← Back to the checklist