FMLA Frequently Asked Questions
Common questions employees ask about FMLA, medical leave, intermittent leave, remote work, documentation, pay, and job protection.
Core FMLA Questions
Am I eligible for FMLA?
To qualify for FMLA, you must work for a covered employer, have worked there for at least 12 months, logged at least 1,250 hours within the 12-month rolling period prior to the expected leave request date, and work at a location where your employer has 50 or more employees within a 75-mile radius of your worksite. An employer is covered if they have employed 50 or more employees for 20 or more workweeks in the current or previous calendar year.
How do I request FMLA leave?
Most employees request FMLA by notifying HR or their manager that they need leave for a qualifying medical or family reason. The employer may then provide FMLA paperwork and request medical certification.
Will I get paid during FMLA leave?
FMLA itself is usually unpaid. Pay may come from PTO, sick leave, short-term disability, employer benefits, or state leave programs if available.
How long does FMLA leave last?
Eligible employees may generally receive up to 12 workweeks of FMLA leave during a 12-month period. Some military caregiver leave may allow more time.
Will my health insurance continue while I am on FMLA?
In most cases, group health insurance must continue under the same terms as if you were still working. You may still be responsible for paying your portion of premiums.
What documentation does HR need from me?
HR may need a leave request, medical certification, dates of leave, expected duration, and enough information to determine whether the leave may qualify for FMLA protection.
Is my job protected while on FMLA?
Approved FMLA generally provides job protection. When leave ends, eligible employees are usually entitled to return to the same or an equivalent position.
Am I eligible for FMLA if I work from home/remotely?
You may be eligible if you meet the work history, hours worked, employer coverage, and worksite rules. For remote employees, the worksite is generally tied to the office or location they report to or receive assignments from.
Intermittent Leave FAQ
What is intermittent FMLA leave?
Intermittent FMLA allows eligible employees to take FMLA leave in separate blocks of time instead of one continuous leave period. It is often used for flare-ups, treatments, appointments, or recurring medical episodes.
Can I use intermittent FMLA leave for migraines?
Migraines may qualify for intermittent FMLA if they meet the serious health condition requirements and the medical certification supports the need for intermittent leave.
How does intermittent FMLA leave work?
Your employer tracks intermittent leave against your available FMLA balance. You must still follow call-in procedures, provide required documentation, and stay within the frequency and duration supported by your certification.
Can my employer deny intermittent FMLA leave?
An employer may deny or delay intermittent FMLA if eligibility is not met, certification is incomplete, deadlines are missed, or the absence does not match the approved certification. If leave is approved, the employer should not treat protected absences as regular attendance violations.
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Start My FMLA ReviewEducational guidance only. Not legal advice. Not attorney representation.