Federal Family Medical Leave Act of 1993 (FMLA) Poster Mandatory

Yo u  	do 	not	 have to share a medical diagnosis	 but must provide enough 	
information to your employer so they can determine whether the leave 
qualifies for FMLA protection. You 	must	 also inform your employer if 	
FMLA leave was previously taken 	or approved for the same reason 	 	
when requesting additional leave. 
Yo u r  	employer 	may	 request certification	 from a health care 	provider 	
to verify medical leave and may request certification of a qualifying 
exigency. 
The FMLA does not affect any federal or state law prohibiting 
discrimination or supersede any state or local law or collective bargaining 
agreement that provides greater family or medical leave rights. 
State employees may be subject to certain limitations in pursuit 	of direct 	
lawsuits regarding leave for their own serious health conditions. Most 
federal and certain congressional employees are also covered by the 
law but are subject to the jurisdiction of the U.S. Office of Personnel 
Management or Congress.
What does my 
employer need to do?
If you are eligible for FMLA leave, your 	employer 	must	:	
   • Allow you to take job-protected time off work for a qualifying 	reason,	
   • Continue your group health plan coverage while you are on 	leave on 	
the same basis as if you had not taken leave, and	
   • Allow you to return to the same job, or a virtually identical 	job with 	
the same pay, benefits and other working conditions, including shift 
and location, at the end of your leave.	
Yo u r	 employer 	cannot	 interfere with your FMLA rights	 or threaten 	or 	
punish you for exercising your rights under the law. For example, your 
employer cannot retaliate against you for requesting FMLA leave or 
cooperating with a WHD investigation.
After becoming aware that your need for leave is for a reason that 	may 	
qualify under the FMLA, your 	employer 	must	 confirm whether you are 	
eligible	 or not eligible for FMLA leave. If your employer determines that 	
you are eligible, your 	employer 	must	 notify you in writing	:	
   • About your FMLA rights and responsibilities, and	
   • How much of your requested leave, if any, will be FMLA-	protected 	
leave. 	
Where can I find more 
information?
Call 	1-866-487-9243	 or visit 	dol.gov/fmla	 to learn more. 	
If you believe 	your rights under the FMLA have been violated, you may 	
file a complaint with WHD or file a private lawsuit against your employer 
in court. 	Scan the QR code to learn about our WHD complaint process	.	
Your Employee Rights 	 	
Under the Family and 	 	
Medical Leave Act
What is FMLA leave?
The Family and Medical Leave Act (FMLA) is a federal law 	that provides 	
eligible employees with	 job-protected leave	 for qualifying family and 	
medical reasons. The U.S. Department of Labor’s Wage and Hour Division 
(WHD) enforces the FMLA for most employees. 
Eligible employees can take 	up to 12 workweeks	 of FMLA leave 	 	
in a 12-month period for:
   • The birth, adoption or foster placement of a child with you,	
   • Your serious mental or physical health condition that makes 	you 	
unable to work,	
   • To care for your spouse, child or parent with a serious mental or 
physical health condition, and	
   • Certain qualifying reasons related to the foreign 	deployment of your 	
spouse, child or parent who is a military servicemember. 	
An eligible employee who is the spouse, child, parent or next of 	kin of a 	
covered servicemember with a serious injury or illness 	may	 take up to 	
26 workweeks	 of FMLA leave in a single 12-month period to care for the 	
servicemember. 
You have the right to use FMLA leave in 	one block of time	. When it is 	
medically necessary or otherwise permitted, you may take FMLA leave 
intermittently in separate blocks of time,	 or on a reduced schedule 	by 	
working less hours each day or week. Read Fact Sheet #28M(c) for more 
information.
FMLA leave is 	not	 paid leave	, but you may choose, or be required 	by your 	
employer, to use any employer-provided paid leave if your employer’s 
paid leave policy covers the reason for which you need FMLA leave.
Am I eligible to take    
FMLA leave?
You are an 	eligible employee	 if all	 of the following apply:	
   • You work for a covered employer, 	
   • You have worked for your employer at least 12 months, 	
   • You have at least 1,250 hours of service for your employer 	during 	 	
the 12 months before your leave, and 	
   • Your employer has at least 50 employees within 75 miles 	 	
of your work location.	
Airline 	flight crew employees have different 	“hours of service” 	
requirements.
You work for a 	covered employer	 if 	one	 of the following applies:	
   • You work for a private employer that had at least 50 	employees during 	
at least 20 workweeks in the current or previous calendar year,	
   • You work for an elementary or public or private secondary school	, or	
   • You work for a public agency, such as a local, state or federal 
government agency. Most federal employees are covered by Title II 
of the FMLA, administered by the Office of Personnel Management.	
How  do  I  request                       
FMLA leave?
Generally, 	to request FMLA leave you 	must	:	
   • Follow your employer’s normal policies for requesting leave, 	
   • Give notice at least 30 days before your need for FMLA 	leave, or 	
   • If advance notice is not possible, give notice as soon as 	possible.	
WAGE AND HOUR DIVISION	
UNITED STATES DEPARTMENT OF LABOR	
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WH1420  REV 04/23