U.S. Department of Labor - FMLA Frequently Asked Questions

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Publisher: U.S. Department of Labor, Wage and Hour Division · Published: September 14, 2026 · Accessed: September 14, 2026

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• FMLA provides eligible employees up to 12 workweeks of unpaid, job-protected leave per year, with group health benefits maintained during leave.
• Eligibility requires working for a covered employer, 1,250 hours in the 12 months before leave, a worksite with 50 or more employees within 75 miles, and 12 months of employment (not necessarily consecutive).
• A serious health condition includes chronic conditions that cause occasional periods of incapacity and require treatment by a health care provider at least twice a year, recurring over an extended period.
• When medically necessary, employees may take FMLA leave intermittently (separate blocks of time) or on a reduced leave schedule.
• An employer may require medical certification (allowing at least 15 calendar days to provide it) and may request recertification no more often than every 30 days in connection with an absence.
• An employee is not required to hand over medical records, and a direct supervisor may not contact the employee's health care provider.