On this page
- FMLA Requirements for Employers and Employees
- How the Family and Medical Leave Act (FMLA) Works
- Who Is Eligible for FMLA Leave
- Qualifying Reasons for FMLA Leave
- How Much FMLA Leave Employees Can Take
- FMLA Pay Rules and Paid Time Off
- State Family and Medical Leave Laws in 2026
- FMLA Rules for Requesting and Approving Leave
- FMLA Compliance Checklist for Employers
- Frequently Asked Questions
- Final Summary of FMLA Rules for 2026
If your business has 50 or more employees, the FMLA rules most likely apply to you. The Family and Medical Leave Act (FMLA) is a federal law from 1993 that gives eligible employees unpaid, job-protected leave for a new child, a serious illness or certain military family needs.
This guide covers who's covered, who's eligible, how much leave employees get, the notices and deadlines you have to meet, and how state paid leave programs fit in for 2026. You can read the law and official guidance on the U.S. Department of Labor's FMLA page.
Key Takeaways
- The FMLA covers private employers with 50 or more employees for 20 or more workweeks in the current or previous calendar year, plus all public agencies and schools.
- An employee is eligible after 12 months on the job and 1,250 hours worked in the last 12 months, at a worksite with 50 or more employees within 75 miles.
- Eligible employees get up to 12 workweeks of unpaid, job-protected leave in a 12-month period, or up to 26 workweeks to care for a seriously injured or ill service member.
- You have five business days to send the eligibility notice and five business days to send the designation notice, and employees get at least 15 calendar days to return a medical certification.
- When an employee is receiving state paid leave benefits, you can't require them to use their paid time off at the same time, but the time still counts as FMLA leave.
What's New for 2026
Maine started paying benefits. Workers in Maine could claim paid family and medical leave for time off on or after May 1, 2026.
Delaware and Minnesota started paying benefits. Both states' paid leave programs began paying claims on January 1, 2026.
D.C. cut some leave lengths on October 1, 2026. For new claims, family leave drops to 6 weeks, medical leave to 10 weeks and the weekly maximum to $1,100.
New Jersey expanded job protection on July 17, 2026. The state Family Leave Act now covers employers with 15 or more employees, and employees qualify after 3 months and 250 hours.
The federal forms and penalty stayed the same. The current DOL FMLA forms carry an expiration date of August 31, 2029, and the maximum penalty for willfully failing to post the FMLA notice is still $216 per violation in 2026.
FMLA Requirements for Employers and Employees
The FMLA applies to private employers with 50 or more employees in 20 or more workweeks this year or last year, and to public agencies and schools. An employee qualifies after 12 months with you, 1,250 hours worked in the 12 months before leave and a worksite with 50 employees within 75 miles. FMLA leave is unpaid.
| Requirement | What the FMLA says |
|---|---|
| Covered private employers | 50 or more employees in 20 or more workweeks in the current or previous calendar year |
| Covered public employers | Public agencies and schools, whatever their size |
| Time with the employer | At least 12 months, and the months don't have to be in a row |
| Hours worked | At least 1,250 hours in the 12 months before the leave starts |
| Worksite size | At least 50 employees within 75 miles of the employee's worksite |
| Amount of leave | Up to 12 workweeks in a 12-month period, or up to 26 workweeks to care for a service member with a serious injury or illness |
| Pay during leave | Unpaid, though employees can use paid leave at the same time |
| Health coverage | Group health coverage continues on the same terms as if the employee were working |
| Return to work | The same job or a nearly identical one with the same pay, benefits and terms |
| Records | Keep FMLA records for at least 3 years |
Is FMLA Leave Paid?
No. FMLA leave is unpaid, job-protected leave. You can let employees use their paid vacation, sick days or PTO during FMLA leave, and you can require it, so part or all of the leave may end up paid. Some states also run paid family leave programs, covered in the state section below.
How Employers Prove the 1,250-Hour Requirement
The 1,250 hours count only time the employee actually worked, figured the same way as hours worked for overtime. If you don't keep accurate hours records, it's on you to show the employee didn't work 1,250 hours. That's why a record of every clock-in and clock-out matters, including for salaried staff.
With employee time tracking software, every punch is saved, so you have the hours you need when a leave request comes in. If employees use paid leave during FMLA, a PTO tracker shows how much paid time each person has left.
How the Family and Medical Leave Act (FMLA) Works
The FMLA lets eligible employees take up to 12 workweeks of unpaid leave in a 12-month period for major life events. That includes a new baby, an adoption or foster placement, their own serious illness, or caring for a sick spouse, child or parent.
During that leave, you keep their group health coverage going on the same terms as if they were working. When they come back, they get their job back, or one that's virtually identical with the same pay, benefits and terms.
These employers are covered by the FMLA:
- Private employers with 50 or more employees for 20 or more workweeks in the current or previous calendar year.
- Public agencies, including state and local governments, no matter how many employees they have.
- Elementary and secondary schools, no matter how many employees they have.
If you have fewer than 50 employees, the federal FMLA doesn't apply to you. Your state may still have its own family leave law or paid leave program, which we cover later in this guide.
Who Is Eligible for FMLA Leave
Working for a covered employer is only the first step. An employee is eligible for FMLA leave when all of these are true:
- They've worked for you for at least 12 months. The months don't have to be in a row.
- They've worked at least 1,250 hours for you in the 12 months before the leave starts.
- They work at a location where you have at least 50 employees within 75 miles.
Part-time example: an employee works 25 hours a week for 50 weeks in the past year.
Hours worked: 25 hours × 50 weeks = 1,250 hours
Result: they meet the 1,250-hour test, so part-time employees can qualify too.
Remote Employees and the 75-Mile Rule
A remote employee's home isn't a worksite under the FMLA. In Field Assistance Bulletin 2023-1 (February 9, 2023), the Department of Labor confirmed that a teleworker's worksite is the office they report to or get their assignments from.
So if a remote employee reports to an office that has 50 or more employees within 75 miles, they can qualify even if they live hundreds of miles away.
Hours count the same way they do for minimum wage and overtime. If you don't keep accurate time records, it's up to you to prove an employee didn't reach 1,250 hours. That's one more reason to track employee time for everyone, including remote staff.
Qualifying Reasons for FMLA Leave
FMLA leave only covers specific reasons. Eligible employees can take leave for:
- The birth of a child and bonding with the newborn within one year of birth.
- The placement of a child for adoption or foster care and bonding with that child within one year of placement.
- Caring for a spouse, child or parent who has a serious health condition.
- The employee's own serious health condition that leaves them unable to do their job.
- A qualifying exigency tied to a spouse, child or parent's military deployment.
- Caring for a covered service member with a serious injury or illness (up to 26 workweeks).
A "child" means a child under 18, or an adult child who can't care for themselves because of a disability. A "parent" includes a biological, adoptive, step or foster parent, or someone who raised the employee as a parent.
A serious health condition means an illness, injury or condition that involves an overnight hospital stay or ongoing treatment by a health care provider. For example, it qualifies if it keeps someone from working for more than three days in a row and needs continuing treatment, or if it's a chronic condition that needs treatment at least twice a year.
Mental health conditions count the same way physical ones do. The Department of Labor's Fact Sheet #28O (May 2022) confirms that conditions such as anxiety and depression can qualify when they meet the same treatment standards.
TIMECLICK TIP
Ask for medical certification every time an employee requests leave for a serious health condition, and handle every request the same way. The certification has to support the need for leave, but it doesn't have to include a diagnosis.
How Much FMLA Leave Employees Can Take
Eligible employees get up to 12 workweeks of unpaid, job-protected leave in a 12-month period for most qualifying reasons. To care for a covered service member with a serious injury or illness, they can take up to 26 workweeks in a single 12-month period.
Leave doesn't have to be taken all at once. When it's medically necessary, employees can take it intermittently or on a reduced schedule. Intermittent leave to bond with a new child needs your agreement.
Leave to bond with a new child has to end within 12 months of the birth or placement. If spouses both work for you, you can limit them to a combined 12 weeks for a birth, an adoption or foster placement, or caring for a parent with a serious health condition.
Choosing Your 12-Month FMLA Leave Year
You pick one of four ways to measure the 12-month period:
- The calendar year.
- Any fixed 12-month year, such as your fiscal year or each employee's work anniversary year.
- A 12-month period measured forward from the first day an employee takes FMLA leave.
- A rolling 12-month period measured backward from each date an employee uses FMLA leave.
You have to use the same method for all employees. The one exception is when a state law requires a specific method for employees in that state.
If you want to switch methods, give all employees at least 60 days' notice. If you never picked a method, you have to use whichever one is most favorable to the employee.
TIMECLICK TIP
Write your 12-month method into your employee handbook so employees know how their leave year is measured. Picking one method and applying it to everyone heads off most disputes.
FMLA Pay Rules and Paid Time Off
FMLA leave is unpaid. You can let employees use their paid vacation, sick days or other paid time off (PTO) during FMLA leave, and you can also require it. That's called substitution.
There's one big exception. In Opinion Letter FMLA2025-01-A (January 14, 2025), the Department of Labor said that when an employee is receiving benefits from a state or local paid leave program, you can't require them to use PTO for the same time.
Here's how that works in practice:
- The leave still counts as FMLA leave, so you should designate it and count it against the employee's 12 weeks.
- You and the employee can agree to use PTO to top up a partial state benefit closer to full pay, if state law allows it.
- Once the state benefits run out, any FMLA leave left is unpaid again, and the normal substitution rules apply.
Many states now run paid family and medical leave programs, funded through payroll contributions. If you offer your own paid leave, see our guide to PTO laws by state for the rules that apply to accrued time off.
If you pay for family and medical leave yourself, you may also qualify for a federal tax credit. According to the Department of Labor, the One Big Beautiful Bill Act made the employer credit for paid family and medical leave permanent in 2025. It also lets premiums for paid leave insurance plans qualify and covers employees with as little as six months of service.
TIMECLICK TIP
Use your time tracking software to record PTO, unpaid FMLA time and state paid leave separately. Clean records make payroll easier and help if you're ever audited.
State Family and Medical Leave Laws in 2026
The federal FMLA sets the minimum. Many states add their own leave laws, and a growing number run paid family and medical leave programs funded through payroll contributions.
State programs often cover smaller employers than the FMLA does, and they pay employees part of their wages while they're out. When the FMLA and a state law both apply, employees get the benefit of both, and the leave usually runs at the same time.
| Program | Employers Covered | 2026 Payroll Contributions | Leave Available | Paid |
|---|---|---|---|---|
| Federal FMLA | Private employers with 50+ employees for 20+ workweeks, plus public agencies and schools | None | Up to 12 workweeks of job-protected leave (26 for military caregiver leave) | No |
| California Paid Family Leave and CFRA | All employers with California workers withhold State Disability Insurance (SDI). CFRA job protection applies to employers with 5 or more employees | Workers: 1.3% of all wages (no wage cap) for SDI, which pays for Paid Family Leave. No employer contribution | Paid Family Leave: up to 8 weeks in 12 months at about 70% to 90% of wages, up to $1,765 a week. CFRA: up to 12 workweeks of job-protected leave in 12 months for employees with 12 months of service and 1,250 hours in the past year | Yes |
| Colorado FAMLI | Private employers with Colorado workers; those with fewer than 10 employees nationwide don't pay the employer share | 0.88% of wages up to $184,500 (0.44% employer, 0.44% employee) | Up to 12 weeks a year, plus up to 4 more for pregnancy complications; maximum $1,448.02 a week | Yes |
| Connecticut Paid Leave | Private employers with Connecticut workers | Workers: 0.5% of wages up to the Social Security wage base ($184,500 in 2026). No employer contribution | Up to 12 weeks in a benefit year; maximum $1,016.40 a week for claims starting on or after January 1, 2026 | Yes |
| Delaware Paid Leave | Employers with 10 or more Delaware employees. Those with 10 to 24 must cover parental leave; those with 25 or more cover every leave type | 0.8% of wages up to the Social Security wage base; you can deduct up to half from employee pay. Benefits started January 1, 2026 | Up to 12 weeks a year for a new child, up to 6 weeks every 24 months for the worker's own or a family member's serious health condition, 12 weeks a year in total; 80% of wages up to $900 a week | Yes |
| Maine PFML | Employers with Maine workers; the rate depends on whether you have 15 or more Maine employees | 1% of wages with 15+ employees (up to half from employee pay); 0.5% with fewer than 15 (can all come from employee pay) | Up to 12 weeks in a benefit year, for time off on or after May 1, 2026 | Yes |
| Massachusetts PFML | Employers with Massachusetts workers; those with fewer than 25 workers don't pay the employer share | 0.88% of eligible wages. Employers with 25 or more workers pay at least 0.42%; up to 0.46% can come from employee pay | Up to 12 weeks of family leave and 20 weeks of medical leave, 26 weeks combined in a benefit year; maximum $1,230.39 a week | Yes |
| Minnesota Paid Leave | Employers with Minnesota workers. Small employers (30 or fewer employees with average wages at or below 150% of the state average) pay a lower total rate of 0.66% | 0.88% of wages up to the Social Security wage base; up to 0.44% can come from employee pay. Benefits started January 1, 2026 | Up to 12 weeks of medical leave and 12 weeks of family leave, 20 weeks combined in a benefit year. Job protection starts after 90 days on the job | Yes |
| New Jersey FLI and TDI | All private employers with New Jersey workers | Workers: 0.23% for FLI and 0.19% for TDI on the first $171,100. Employers: 0.10% to 0.75% for TDI on the first $44,800 | Family leave: up to 12 weeks in a row (or 8 weeks taken in separate days) in 12 months, at 85% of average weekly pay up to $1,119 a week | Yes |
| New York Paid Family Leave | Private employers with New York workers | Workers: 0.432% of gross wages, up to $411.91 for the year. No employer contribution required | Up to 12 weeks at 67% of the worker's average weekly wage, up to $1,228.53 a week | Yes |
| Paid Leave Oregon | Employers with Oregon workers; those with fewer than 25 employees don't have to pay the employer share | 1% of wages (60% paid by the employee, 40% by employers with 25+ employees) | Up to 12 weeks in a 52-week period, or up to 14 weeks for some pregnancy-related leave | Yes |
| Rhode Island TCI and TDI | Employers with Rhode Island workers | Workers: 1.1% of the first $100,000 in wages. No employer contribution | Caregiver leave (TCI): up to 8 weeks to bond with a new child or care for a seriously ill family member. Disability (TDI): up to 30 weeks for the worker's own illness. Maximum $1,150 a week (plus dependent allowances) for benefit years starting on or after July 1, 2026 | Yes |
| Washington PFML | Employers with Washington workers; those with fewer than 50 employees don't have to pay the employer share | 1.13% of wages (71.43% paid by employees, 28.57% by employers) | Up to 12 weeks of family or medical leave, 16 weeks combined (18 with pregnancy complications); maximum $1,647 a week | Yes |
| Washington, D.C. Paid Family Leave | Private employers with D.C. workers | Employers: 0.75% of covered wages. Nothing is withheld from employee pay | For claims filed on or after October 1, 2026: 12 weeks of parental leave, 10 weeks of medical leave, 6 weeks of family leave and 2 weeks of prenatal leave; maximum $1,100 a week | Yes |
Colorado example: an employee earns $52,000 a year.
Total FAMLI premium: $52,000 × 0.88% = $457.60 a year
Employee share: $52,000 × 0.44% = $228.80 a year
Employer share: $52,000 × 0.44% = $228.80 a year
With fewer than 10 employees, you don't owe the $228.80 employer share, but you still withhold and send in the employee's $228.80.
Contribution rates and benefit caps change most years, usually on January 1 (July 1 in Rhode Island, October 1 in D.C.). Check the program's own site before you set up payroll for the new year.
Maryland Paid Family and Medical Leave Starts in 2027 and 2028
Maryland's Family and Medical Leave Insurance (FAMLI) program has been delayed again. According to the Maryland FAMLI FAQ, payroll contributions start January 1, 2027, and benefits start in January 2028. Eligible workers will get up to 12 weeks of leave, paid at up to $1,000 a week.
New Jersey Family Leave Changes That Started July 17, 2026
New Jersey made its job protection rules much broader in 2026. According to the New Jersey Department of Labor:
- The New Jersey Family Leave Act (NJFLA) now covers employers with 15 or more employees worldwide, down from 30.
- Employees now qualify for NJFLA after 3 months on the job and 250 hours worked in the past 12 months, down from 12 months and 1,000 hours.
- NJFLA still provides up to 12 weeks of job-protected leave in a 24-month period.
- An employee who receives New Jersey TDI or FLI benefits now has job protection during that leave, no matter how small your business is, when the leave isn't already covered by NJFLA.
WATCH OUT
If you have a small team in New Jersey, the FMLA may not apply to you, but state job protection now can. Before you replace or let go of someone on TDI or FLI leave, check the state's rules first.
TIMECLICK TIP
If you have employees in more than one state, keep a simple one-page list of each state's leave law, contribution rate and poster. Review it every January, when most rates change.
FMLA Rules for Requesting and Approving Leave
Here's what each side has to do, and when.
Employee Responsibilities
- Give notice. When the need for leave is foreseeable, like a planned surgery or a due date, the employee should give at least 30 days' notice. When it isn't, they should tell you as soon as possible and practical, usually by following your normal call-in rules.
- Share enough information. Employees don't have to say "FMLA." They just need to tell you enough for you to see the leave may qualify, such as "my spouse was admitted to the hospital overnight."
- Return the certification. If you ask for medical certification, the employee has at least 15 calendar days to return it, and more time if they're trying in good faith but can't get it done.
Employer Responsibilities
- Post and share the general notice. Display the FMLA poster, and put the same information in your employee handbook or give it to each new hire.
- Send the eligibility notice. Within five business days of a leave request, tell the employee in writing whether they're eligible, along with their rights and responsibilities.
- Send the designation notice. Within five business days of having enough information, tell the employee in writing whether the leave counts as FMLA leave and how much of their 12 weeks it will use.
- Keep health benefits going. Continue group health coverage on the same terms as if the employee were working, including family coverage.
- Bring the employee back. When leave ends, return the employee to the same job or a virtually identical one with the same pay, benefits and terms.
| Step | Who | Deadline |
|---|---|---|
| Notice of foreseeable leave | Employee | At least 30 days before leave starts, when possible |
| Notice of unforeseeable leave | Employee | As soon as possible and practical |
| Eligibility notice and rights and responsibilities notice (Form WH-381) | Employer | Within 5 business days of the leave request |
| Medical certification (Form WH-380-E or WH-380-F) | Employee | At least 15 calendar days after you ask for it |
| Designation notice (Form WH-382) | Employer | Within 5 business days of having enough information |
Department of Labor FMLA Forms for 2026
The Department of Labor's FMLA forms are optional and free to download. The current forms were revised in June 2020 and show an expiration date of August 31, 2029, so they're good to use in 2026.
| Form | What It's For |
|---|---|
| WH-380-E | Certification of the employee's own serious health condition |
| WH-380-F | Certification of a family member's serious health condition |
| WH-381 | Notice of eligibility and rights and responsibilities |
| WH-382 | Designation notice |
| WH-384 | Certification of a qualifying exigency for military family leave |
| WH-385 | Certification for military caregiver leave for a current service member |
| WH-385-V | Certification for military caregiver leave for a veteran |
FMLA Compliance Checklist for Employers
These habits help you avoid the most common FMLA mistakes, especially if you have employees in more than one state.
- Post the FMLA poster. Display the Department of Labor's "Employee Rights Under the Family and Medical Leave Act" poster (WH1420, last revised April 2023) where employees and job applicants can see it, at every location. Electronic posting counts when it meets the same requirements.
- Add state posters and notices. States with their own leave laws or paid leave programs usually require their own workplace notices too.
- Update your handbook every year. Include your FMLA policy, your 12-month method and how state paid leave works alongside it.
- Track hours for every employee. Accurate time records decide who reaches 1,250 hours, including part-time and remote staff.
- Calendar the five-day deadlines. Set a reminder the day you learn an employee may need leave, so the eligibility and designation notices go out on time.
- Coordinate state and federal leave. Designate state paid leave as FMLA leave when it qualifies, and don't require PTO while the employee is receiving state benefits.
- Train your managers. Supervisors are often the first to hear about a leave need, so they should know to pass it to whoever handles FMLA right away.
- Put everything in writing. Keep copies of notices, certifications and leave records in case questions come up later.
WATCH OUT
The Department of Labor lists these as examples of FMLA retaliation: cutting shifts, transferring an employee outside their normal commuting area, denying a bonus or promotion, writing someone up for FMLA absences, or adding attendance points for FMLA leave.
TIMECLICK TIP
Keep hours, PTO and leave records in one system. It makes eligibility checks faster and gives you one place to look when you need records for more than one state.
Frequently Asked Questions
Quick answers to the FMLA questions employers ask most.
When does FMLA leave begin?
FMLA leave starts on the first day an eligible employee is off work for a qualifying reason. You should send the designation notice within five business days of having enough information to decide whether the leave qualifies. You can require the employee to use accrued PTO during FMLA leave, unless they're receiving state paid leave benefits for that time.
How does FMLA protect an employee's job?
When FMLA leave ends, you have to return the employee to the same job or a virtually identical one with the same pay, benefits and other terms. You also have to keep their group health coverage going during the leave, and you can't punish them for asking for or using FMLA leave.
Is FMLA paid leave?
No. Federal FMLA leave is unpaid. Employees may get paid through their accrued PTO, your own leave policy or a state paid family and medical leave program. States with paid programs include California, Colorado, Connecticut, Delaware, Maine, Massachusetts, Minnesota, New Jersey, New York, Oregon, Rhode Island and Washington, plus Washington, D.C. Maryland's program starts paying benefits in January 2028.
Does FMLA apply in every state?
Yes. The FMLA applies to covered employers and eligible employees in all 50 states. Many states also have their own family leave laws or paid leave programs, and employees get the benefit of every law that applies to them.
Does FMLA apply to small businesses with fewer than 50 employees?
Usually not. Private employers are covered only if they had 50 or more employees for 20 or more workweeks in the current or previous calendar year. Public agencies and schools are covered at any size. Your state's own leave laws may still apply to you, and some cover businesses with just a few employees.
Can an employee take FMLA leave a few hours at a time?
Yes, when it's medically necessary, such as for regular treatments or flare-ups of a chronic condition. That's called intermittent leave, or a reduced schedule when it means shorter workdays or workweeks. Taking leave in pieces to bond with a new child needs your agreement.
Do I have to use the Department of Labor's FMLA forms?
No. The DOL forms are optional, but they're free and already set up for each step: certification (WH-380-E and WH-380-F), the eligibility notice (WH-381) and the designation notice (WH-382). The current versions are valid through August 31, 2029. Whatever forms you use, give employees at least 15 calendar days to return a certification and put every request in writing.
What happens if an employer violates FMLA?
Employees can file a complaint with the Department of Labor's Wage and Hour Division or sue. A court can award lost wages and benefits, interest, an equal amount in liquidated damages, reinstatement or promotion, and attorney's fees. Employees have two years to sue, or three years if the violation was willful. Willfully failing to post the FMLA notice can also bring a penalty of up to $216 for each offense.
How many hours do you have to work to qualify for FMLA?
At least 1,250 hours in the 12 months before the leave starts. That's about 24 hours a week over a year. The employee also needs 12 months with the employer and a worksite with at least 50 employees within 75 miles.
Do small businesses have to offer FMLA leave?
Federal FMLA covers private employers with 50 or more employees in 20 or more workweeks in the current or previous year. Smaller private employers aren't covered by it, but state family and medical leave laws can apply with lower thresholds.
Final Summary of FMLA Rules for 2026
Most of the FMLA work in 2026 is on the state side. Maine began paying benefits, and New Jersey extended job protection to much smaller employers.
If you know whether you're covered, track hours accurately, send notices on time and review state rules every January, you'll handle most FMLA requests without trouble.
This guide is general information and isn't legal advice. For your specific situation, check with the Department of Labor, your state labor agency or an employment attorney.
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