The Family and Medical Leave Act (FMLA) is a federal law that gives eligible employees up to 12 weeks of unpaid, job-protected leave each year. This article explains the basics of FMLA eligibility and points you to the right resources for more specific questions.
Note: FMLA is a federal program and is separate from state-level Paid Family and Medical Leave (PFML) programs. We explain the difference in the section below.
FMLA lets eligible employees take unpaid leave for specific life events without risking their job. Covered reasons include:
The birth, adoption, or foster placement of a child
A serious health condition that prevents the employee from working
Caring for a spouse, child, or parent with a serious health condition
Qualifying situations related to a family member's military service
FMLA protects your job while you're on leave — but it does not guarantee that you'll receive pay during that time.
Both the employer and the employee must meet certain requirements for FMLA to apply.
Your employer must be covered by FMLA for the law to apply to you. Covered employers include:
Private companies with 50 or more employees
All public agencies (federal, state, and local government)
All public and private elementary and secondary schools (regardless of size)
To qualify for FMLA leave, an employee must meet all three of the following:
Work for a covered employer (see above)
Have worked for that employer for at least 12 months — these 12 months do not need to be consecutive
Have worked at least 1,250 hours in the past 12 months — that's roughly 24 hours per week on average
Employees must also work at a location where the employer has 50 or more employees within 75 miles.
Eligible employees can take up to 12 weeks of unpaid leave in a 12-month period for most qualifying reasons.
For military caregiving (caring for a covered servicemember with a serious injury or illness), the limit increases to 26 weeks in a single 12-month period.
Leave can be taken all at once, or in smaller blocks of time when the situation allows — this is called intermittent leave.
It helps to know what FMLA does not do:
FMLA does not require paid leave. Time off under FMLA is unpaid unless your employer has a separate paid leave policy.
FMLA does not cover all employers. If your employer has fewer than 50 employees, they are not required to offer FMLA leave.
FMLA does not cover all family members. Only spouses, children, and parents are covered — not siblings, grandparents, or in-laws (for most situations).
FMLA does not cover all health conditions. The condition must be "serious" as defined by the law, which typically means inpatient care or ongoing treatment by a healthcare provider.
FMLA and PFML are often confused, but they are different programs.
FMLA
PFML
Who creates it
Federal government
State government
Applies where
All 50 states
Only in states that have passed a PFML law
Pay during leave
No pay (unpaid)
Partial wage replacement (varies by state)
Who is covered
Employers with 50+ employees
Varies by state program
Examples
Applies nationwide
California, New York, Washington, Massachusetts, and others
The key difference: FMLA is a federal, unpaid job-protection law. PFML programs are state-run and often provide partial pay while you're on leave.
Some employees may qualify for both at the same time, meaning their PFML pay and FMLA job protection run together. Whether your state has a PFML program — and how it works — depends entirely on where you live and work.
We have separate resources to help you understand your state's PFML program if one applies to you.
We are not able to provide legal advice or make official eligibility determinations. For specific FMLA questions, these official resources can help:
U.S. Department of Labor – FMLA Overview: General eligibility info, employee rights, and employer responsibilities.
DOL FMLA Eligibility Fact Sheet (PDF): A plain-language breakdown of who qualifies and what's covered.
DOL Wage and Hour Division – Contact & Help: File a complaint or get answers from a real person.
Employee Rights Poster (PDF): Your employer is required to display this — it outlines your FMLA rights.
If you have questions about state PFML programs, check your state's labor or workforce development agency website, or look for a separate Gusto help article specific to your state.
FMLA is a federal law giving eligible employees up to 12 weeks of unpaid, job-protected leave per year.
To qualify, employees must work for a covered employer, have 12 months of tenure, and have logged at least 1,250 hours in the past year.
FMLA does not pay you — it just protects your job.
PFML programs are state-run and may provide partial pay — these are separate from FMLA.
For official eligibility determinations, visit the U.S. Department of Labor.