FMLA leave: a practical guide for employers

How the Family and Medical Leave Act works, which employees qualify, what notices to give and why accurate hours matter.

In shortThe FMLA gives eligible employees of covered employers up to 12 workweeks of unpaid, job-protected leave in a 12-month period for certain family and medical reasons, and up to 26 workweeks to care for a covered servicemember. Private employers are covered if they have 50 or more employees for at least 20 workweeks in the current or preceding year. Employees qualify after 12 months of service and 1,250 hours worked in the previous 12 months, at a site with at least 50 employees within 75 miles.

Who is covered

The FMLA applies to private employers with 50 or more employees in 20 or more workweeks in the current or preceding calendar year, and to public agencies and public and private elementary and secondary schools regardless of size. Smaller employers are not covered by the federal law, but many states have their own family and medical leave or paid leave programs with lower thresholds. Our glossary entry on the FMLA has a short summary.

Which employees are eligible

An employee of a covered employer is eligible if they:

The 1,250-hour test is where time records matter. Hours of service are counted using FLSA principles, so the hours actually worked, not hours paid for holidays or PTO, are what count. Without accurate records for part-time and hourly staff, you may not be able to show whether someone qualifies.

Qualifying reasons

Employer obligations at a glance

Key FMLA obligations (summary)
Obligation In brief
General notice Display the FMLA poster and include FMLA information in your handbook or new hire materials
Eligibility notice Usually within five business days after an employee requests leave or you learn it may qualify
Rights and responsibilities notice Given with the eligibility notice, explaining expectations and obligations
Designation notice Usually within five business days after you have enough information to decide whether the leave is FMLA-protected
Health benefits Maintain group health coverage on the same terms as if the employee were working
Job restoration Return the employee to the same or an equivalent job, with limited exceptions
No retaliation Do not interfere with FMLA rights or count FMLA leave against the employee

The DOL publishes model forms for these notices. Use the current versions from the DOL website.

Intermittent and reduced-schedule leave

FMLA leave does not have to be taken all at once. When medically necessary, or with employer agreement for bonding leave, employees can take leave in separate blocks or work a reduced schedule. Intermittent leave is often the hardest part for managers, because absences come at short notice.

Track intermittent leave in the smallest increment your payroll system uses for other absences, as long as it is no more than one hour. Keep FMLA absences separate from other absences so they are never counted under your attendance policy or discipline process.

Paid leave and state programs

FMLA leave is unpaid under federal law. Employers may require, or employees may choose, to use accrued paid leave at the same time, following the rules in your policy. In addition, several states run paid family and medical leave programs or have their own job-protected leave laws that can cover more employees or more reasons. When state and federal rules overlap, you generally need to follow both and give the employee the more generous benefit.

A step-by-step process

  1. Train managers to recognize when an absence or request might qualify, even if the employee does not mention the FMLA.
  2. Check coverage and employee eligibility, including the 1,250-hour test, using accurate time records.
  3. Send the eligibility and rights notices on time.
  4. Request certification if needed, and give the employee at least 15 calendar days to provide it.
  5. Send the designation notice and record the leave as FMLA leave.
  6. Track leave used against the 12-week entitlement and the 12-month period method you have chosen.
  7. Plan the return to work and restore the employee to the same or an equivalent job.

Common mistakes

A short checklist for HR and managers, reviewed once a year, prevents most of these.

How EZTime helps

EZTime records hours worked for every employee, which makes the 1,250-hour check fast and reliable. Absence and time-off requests are handled in the same app, so managers can see who is away and plan coverage in the schedule. Reports can be exported for HR and payroll. Decisions about FMLA eligibility and designation remain with your HR team or advisor.

Choosing the 12-month period

The Department of Labor lets employers choose one of four methods to measure the 12-month period in which an employee can take up to 12 workweeks of leave. Whichever you pick must apply to all employees and be stated in your policy:

FMLA 12-month period methods
Method How it works Note
Calendar year January 1 to December 31 Simple, but an employee can take 24 weeks across December and January
Fixed 12-month year Any fixed year, such as a fiscal year or anniversary date Same back-to-back risk at the year boundary
Forward from first leave Starts on the first day the employee takes FMLA leave Easier to track per person
Rolling, measured backward Looks back 12 months from each day leave is used Prevents stacking but is harder to track by hand

If you do not choose, the option most favorable to the employee applies. FMLA records, including dates and hours of leave, must be kept for at least three years under DOL regulations.

A worked example: intermittent leave for a part-time employee

The 12-week entitlement is measured in the employee’s normal workweek. A fictional employee who normally works 30 hours a week has 12 x 30 = 360 hours of FMLA leave. If the employee takes 4 hours every Tuesday afternoon for treatment, each absence uses 4 of the 360 hours, and the entitlement would last 90 such absences. Record each absence in hours, separate from other time off, so the balance is accurate and the absences are never counted under your attendance policy.

Frequently asked questions

Does the FMLA apply to small businesses?

Private employers with fewer than 50 employees are generally not covered by the federal FMLA, but state leave laws may apply.

Is FMLA leave paid?

No, not under federal law. Employees may use accrued paid leave, and some states offer paid family and medical leave.

How are the 1,250 hours counted?

Using hours actually worked under FLSA principles. Paid time off and holidays not worked are not counted.

Can FMLA leave be taken in small blocks?

Yes. Intermittent or reduced-schedule leave is allowed when medically necessary, and for bonding with employer agreement.

Can I count FMLA absences under my attendance policy?

No. FMLA-protected absences cannot be counted against the employee.

How is FMLA leave counted for a part-time employee?

In proportion to the normal workweek. Someone who normally works 30 hours a week has 360 hours of leave, which is 12 times 30.

How long must FMLA records be kept?

At least three years under DOL regulations, including dates and hours of leave taken.

Where to go next

More on this topic

Leave requests in the app

EZTime keeps time off requests and PTO balances next to the schedule, so approved leave shows up before shifts are planned.

Disclaimer: This guide is general information only and is not legal advice. FMLA rules include many details and exceptions, and state laws vary. Use the Department of Labor’s current guidance and forms and talk to a qualified employment attorney about specific situations. Examples are fictional.