What is the Family and Medical Leave Act (FMLA)?

The Family and Medical Leave Act (FMLA) is a federal law that gives employees the right to take unpaid, job-protected leave for certain family and medical reasons. It applies only to employers who employ 50 or more employees for 20 or more workweeks in either the current or preceding calendar year. Employees in the state of North Carolina who work for an employer who meets these criteria may be eligible for FMLA leave. FMLA provides employees with up to 12 workweeks of unpaid, job-protected leave per year for qualified family and medical reasons, including: birth and care of a newborn baby; placement of a child for adoption or foster care; serious health condition of the employee, the employee’s spouse, parent, or child; and any qualifying exigency arising out of the fact that a family member is on active duty in the armed forces. FMLA also provides up to 26 workweeks of leave in a single 12-month period to care for a covered family member who has a serious health condition. In addition, some employees may be eligible for leave to care for an injured service member. Finally, FMLA requires an employer to provide notice of the rights and responsibilities of both the employee and the employer, employee benefits during leave, as well as job restoration at the end of the leave period. It is important to note that FMLA provides job protection only, not pay.

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What is the Family and Medical Leave Act (FMLA)?

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