Family and Medical Leave Act (FMLA)
Federal statute (29 U.S.C. § 2601 et seq.) requiring covered employers to provide eligible employees up to 12 workweeks of unpaid, job-protected leave per 12-month period for specified family and medical reasons. Coverage: employers with 50+ employees within 75 miles. Eligibility: 12 months service, 1,250 hours worked. Job restoration and benefits continuation required. Up to 26 weeks for military caregiver leave.
The Family and Medical Leave Act (FMLA) requires covered employers to provide eligible employees up to 12 workweeks of unpaid, job-protected leave per 12-month period for specified family and medical reasons. Enacted in 1993, the FMLA addresses workplace tensions around childbirth, family caregiving, and serious illness by guaranteeing leave without termination. Coverage is significant but not universal, employers must have 50+ employees within 75 miles of the worksite, and employees must satisfy length-of-service and hours-worked thresholds. The FMLA coordinates with the ADA, workers' compensation, and various state and local leave laws (Texas has no state FMLA equivalent).
Qualifying reasons for FMLA leave
FMLA permits up to 12 workweeks of leave for: (1) birth and bonding with newborn child (within 12 months of birth); (2) placement for adoption or foster care and bonding (within 12 months); (3) serious health condition of family member, spouse, child, or parent (not in-laws, siblings, grandparents); (4) employee's own serious health condition rendering employee unable to perform essential functions; (5) qualifying military exigency arising from family member's covered active duty. Up to 26 workweeks (single 12-month period) are available for: (6) military caregiver leave, care for covered servicemember with serious injury or illness incurred in line of duty.
"Serious health condition" defined
"Serious health condition" includes: (1) inpatient care, overnight hospitalization; (2) incapacity plus continuing treatment, typically 3+ days incapacity with treatment by healthcare provider; (3) chronic conditions, long-term conditions requiring periodic visits and treatment; (4) permanent or long-term conditions; (5) multiple treatments, for restorative surgery or conditions requiring multiple treatments. The definition encompasses most serious medical conditions but excludes routine illnesses (cold, flu, minor procedures with no complications).
Job restoration and benefits
FMLA provides specific protections: (1) job restoration, return to same or "equivalent" position; equivalent means similar pay, benefits, working conditions, terms; (2) benefits continuation, group health coverage continues during leave on same terms (employee pays normal employee share); (3) no retaliation, adverse action for FMLA leave use is prohibited; (4) no interference with FMLA rights. Key employees (top 10% earners) may be denied restoration in narrow circumstances.
Intermittent and reduced-schedule leave
FMLA leave can be taken intermittently or on reduced schedule when medically necessary: (1) medical treatment, periodic appointments, chemotherapy, dialysis; (2) chronic condition, flare-ups; (3) pregnancy-related conditions; (4) family care, covering serious health condition of family member with periodic care needs. Tracking intermittent leave use against the 12-week annual entitlement is operationally complex.
Notice and certification
FMLA notice requirements: (1) employee notice to employer, 30 days advance notice when foreseeable; "as soon as practicable" otherwise; (2) employer notice of FMLA designation, within 5 business days after sufficient information; (3) medical certification, employer can require certification from healthcare provider supporting need for leave; second/third opinions available at employer expense; (4) recertification, every 30 days for ongoing conditions; (5) fitness-for-duty certification, required for return from own-serious-health-condition leave if employer policy so requires. Failure to designate FMLA leave promptly can result in leave time not counting against the 12-week entitlement.
Coordination with other leaves
FMLA coordinates with other leave statutes: (1) ADA, leave can be reasonable accommodation; substantial overlap with FMLA serious-health-condition leave; ADA may provide longer leaves than FMLA; (2) workers' compensation, work-related injury creating serious health condition can run concurrent FMLA leave; (3) employer-paid leave, paid leave typically can run concurrently with FMLA at employer or employee election; (4) military leave (USERRA), separate but coordinated. Sophisticated leave administration coordinates all applicable leave types.
Damages and remedies
FMLA enforcement (29 U.S.C. § 2617) provides: (1) back pay and benefits; (2) liquidated (double) damages for willful violations; (3) front pay or reinstatement; (4) injunctive relief; (5) attorney's fees and costs. FMLA does not provide compensatory damages for emotional distress or punitive damages, distinguishing it from Title VII and ADA but matching ADEA's structure.
For Texas employers with 50+ employees, FMLA compliance is operational. Best practice: (1) maintain comprehensive FMLA policy in handbook; (2) train HR and managers on FMLA designation triggers; (3) provide DOL Notice of Eligibility and Rights and Responsibilities promptly; (4) require medical certification on standard DOL forms; (5) track intermittent leave carefully; (6) coordinate FMLA with ADA, workers' compensation, paid leave; (7) prevent retaliation. For employees: (1) provide adequate advance notice; (2) submit medical certification promptly; (3) preserve documentation; (4) understand 12-week annual cap and military caregiver 26-week extension; (5) recognize concurrent ADA rights for chronic conditions. Common pitfall: employers failing to designate FMLA leave promptly, leave time may not count against 12-week entitlement, extending the protected period.