Overview of the Family and Medical Leave Act
The Family and Medical Leave Act (FMLA) of 1993 provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for specified family and medical reasons. For HR professionals preparing for the SHRM-CP or SHRM-SCP certification, FMLA is one of the most frequently tested employment laws.
FMLA applies to all public agencies, public and private elementary and secondary schools, and companies with 50 or more employees within a 75-mile radius. Understanding the eligibility criteria, qualifying reasons, and employer obligations is essential for both the exam and effective HR practice.
The law is administered by the Wage and Hour Division of the U.S. Department of Labor, which issues regulations and guidance on FMLA compliance.
Employee Eligibility Requirements
Not every employee is eligible for FMLA leave. To qualify, an employee must meet all three of the following criteria:
- 12 months of employment: The employee must have worked for the employer for at least 12 months (these do not need to be consecutive, but employment prior to a break of 7 years or more generally does not count).
- 1,250 hours of service: The employee must have worked at least 1,250 hours during the 12-month period immediately before the leave begins.
- Worksite size: The employer must have at least 50 employees within a 75-mile radius of the employee's worksite.
These three requirements are commonly tested on the SHRM exam. Pay close attention to the 75-mile radius rule, as it can disqualify employees at smaller, remote locations even if the overall company is large enough.
Qualifying Reasons for FMLA Leave
FMLA leave may be taken for the following reasons:
- The birth of a child and bonding with the newborn (within 12 months of birth).
- Placement of a child for adoption or foster care and bonding (within 12 months of placement).
- Caring for an immediate family member (spouse, child, or parent) with a serious health condition.
- A serious health condition that makes the employee unable to perform the essential functions of their job.
- A qualifying exigency arising from a family member's active duty or call to active duty in the Armed Forces.
Additionally, FMLA provides up to 26 weeks of leave in a single 12-month period for an employee who is the spouse, child, parent, or next of kin of a covered servicemember with a serious injury or illness (military caregiver leave).
A "serious health condition" is a key concept. It generally involves inpatient care, incapacity requiring absence of more than three consecutive days combined with ongoing treatment, chronic conditions requiring periodic treatment, pregnancy, or conditions requiring multiple treatments.
Employer Obligations and Intermittent Leave
Employers have several important obligations under FMLA:
- Maintain health benefits: Employers must continue group health insurance coverage during FMLA leave under the same terms as if the employee had continued working.
- Job restoration: Upon return from leave, the employee must be restored to the same position or an equivalent position with the same pay, benefits, and working conditions.
- Posting and notification: Employers must post FMLA notices in the workplace and provide eligibility and rights-and-responsibilities notices to employees who request or may need FMLA leave.
FMLA leave can be taken intermittently or on a reduced schedule when medically necessary. For example, an employee undergoing chemotherapy might take one day off per week. Employers may temporarily transfer the employee to a position that better accommodates intermittent leave, as long as the position has equivalent pay and benefits.
HR professionals should also know that employers can require employees to use accrued paid leave (vacation, sick time) concurrently with FMLA leave, a practice known as substitution of paid leave.
Start Practicing Today
FMLA questions appear frequently on the SHRM exam, which includes 134 questions administered over 4 hours at Prometric or OnVUE. Questions often present complex scenarios involving eligibility determination, intermittent leave requests, and employer notification duties.
SHRMpractice.com offers detailed FMLA practice questions with thorough explanations of each answer choice. Take our diagnostic assessment to find out where you stand, then create a personalized study plan. Get started for free and prepare with confidence.