What US federal law requires employers to provide unpaid family and medical leave?

The Family and Medical Leave Act requires covered employers to provide eligible employees with unpaid, job-protected family and medical leave.

Congress enacted the FMLA in 1993 to help workers handle childbirth, adoption, serious personal health conditions, and serious health conditions affecting close family members without permanently losing their jobs. Eligible employees can generally receive up to 12 workweeks of leave during a 12-month period. The law also requires continuation of group health coverage under the same conditions as before leave.

The protection is not universal. Eligibility depends on factors such as the employer’s coverage, the employee’s length of service, hours worked, and worksite size. Certain military-caregiver situations can qualify for up to 26 workweeks in a single 12-month period.

A common mix-up is confusing the FMLA with paid family leave: the federal statute generally guarantees unpaid leave, although accrued paid leave may sometimes run concurrently. The Fair Labor Standards Act mainly addresses wages and hours, while the Americans with Disabilities Act addresses disability discrimination and reasonable accommodation.