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):
- A new baby: the birth of a child, and caring for the newborn within one year of birth.
- Adoption or foster care: a child placed with you for adoption or foster care, and caring for the child within one year of placement.
- Caring for family: caring for a spouse, child or parent with a serious health condition.
- Your own illness: a serious health condition that makes you unable to do your job.
- Military families: qualifying exigencies when a spouse, child or parent is on covered active duty; up to 26 workweeks in a 12-month period to care for a servicemember with a serious injury or illness.
Covered employers
- Private employers: 50 or more employees in 20 or more workweeks in the current or previous calendar year.
- Public agencies: regardless of the number of employees.
- Schools: local educational agencies, including public and private elementary and secondary schools, regardless of the number of employees.
Eligible employees
- Time with the employer: at least 12 months with this employer.
- Hours: at least 1,250 hours of work in the 12 months before the leave.
- Worksite: the employer has at least 50 employees within 75 miles of your worksite.
Requesting leave and getting help
- Talk to your employer first: the Department of Labor says employees must communicate with their employer about their leave needs to request FMLA leave or find out whether they qualify.
- Questions: call WHD’s toll-free line, 1-866-487-9243.
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
- Whether you return to the same job: the page doesn’t say, so this article doesn’t either.
- State family leave or paid leave: this article covers only the federal FMLA and did not check state rules.
- What counts as a “serious health condition”: the page doesn’t define it, so this article doesn’t either.
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.
- U.S. Department of Labor, Wage and Hour Division, Family and Medical Leave Act (page updated 2026-01-26):https://www.dol.gov/agencies/whd/fmla