Family and Medical Leave Act (FMLA)
Definition, rules and examples

Who is covered and who is eligible

The Department of Labor's FMLA fact sheet (#28) sets out the thresholds:

How eligibility works: a worked example

The 1,250-hour test is where accurate time records matter most, especially for part-time staff. Consider two hypothetical employees at a covered employer, each with more than 12 months of service at a qualifying site:

• Employee A works a steady 24 hours per week. Over 52 weeks: 24 × 52 = 1,248 hours. That is 2 hours short of 1,250, so she would not meet the hours test.
• Employee B works 25 hours per week. Over 52 weeks: 25 × 52 = 1,300 hours, which meets the hours test.

The difference is one hour a week. Because the test looks at the 12 months before leave starts, employers need reliable records of actual hours worked, not just scheduled hours.

Employer obligations under federal law

• Provide the leave. Up to 12 workweeks in a 12-month period for FMLA reasons other than military caregiver leave, and up to 26 workweeks in a single 12-month period for military caregiver leave.
• Allow intermittent leave when medically necessary. The fact sheet says leave may be taken all at once or, when medically necessary, in separate blocks of time. Intermittent leave to bond with a newborn or newly placed child requires the employer's agreement.
• Maintain health benefits. Employers must continue group health insurance coverage on the same terms as if the employee had not taken leave.
• Restore the job. Employees must be restored to the same or virtually identical position. The fact sheet notes that changing someone's shifts or denying a promised bonus can count as a violation.
• Handle certification fairly. Employers may request certification from a health care provider and must allow 15 calendar days to provide it.

Paid leave. FMLA leave is unpaid, but the fact sheet says employers may require employees to use paid leave during FMLA leave if the reason is covered by the employer's paid leave policy.

Employee notice. Employees must notify their employer as soon as possible and practical.

Enforcement. The Wage and Hour Division enforces the FMLA for most employees, and employees may file a complaint with the agency or bring a private lawsuit.

The ADA. The EEOC's guidance on leave and the ADA says complying with the FMLA does not by itself satisfy an employer's ADA obligations; unpaid leave beyond FMLA may be required as a reasonable accommodation unless it causes undue hardship.

Some states and localities have their own family or medical leave laws. Check the rules where your employees work.

Employer checklist

• Count employees to confirm whether you are covered.
• Keep accurate hours records so you can check the 1,250-hour test.
• Train managers to recognize when a leave request may be FMLA-qualifying.
• Decide and document how you measure the 12-month period.
• Track leave used, including intermittent hours, against each employee's entitlement.
• Continue health coverage and plan for the employee's share of premiums.
• Keep the job, shift pattern, and pay ready for the employee's return.

Common mistakes

• Counting scheduled hours instead of actual hours for eligibility.
• Treating FMLA absences as attendance violations.
• Changing a returning employee's shifts to less desirable ones.
• Losing track of intermittent leave taken in small blocks.
• Assuming FMLA compliance covers ADA obligations.
• Not responding promptly when an employee gives notice.

FMLA and day-to-day attendance tracking

For hourly teams, the hardest part of FMLA is usually not the paperwork for a long leave. It is tracking intermittent leave and making sure protected absences are not mixed in with ordinary attendance issues. A few habits help:

• Label absences by type. Separate approved FMLA absences from PTO, sick days, and unexcused absences in your records.
• Record each block. For intermittent leave, log the date, start and end time, and the approved reason for every block of time.
• Keep a running balance. Track how much of the entitlement has been used so both you and the employee know where things stand.
• Exclude protected leave from attendance points. If you use a points or occurrence system, make sure FMLA absences do not count against the employee.
• Plan coverage. When an employee has approved intermittent leave, build schedules that can absorb short-notice absences.
• Protect privacy. Store medical certifications separately from general personnel files and limit who can see them.

These habits also make it easier to answer questions later. If an employee disputes an attendance decision, or if the Wage and Hour Division looks into a complaint, you will be able to show which absences were protected, how they were recorded, and that they were handled the same way for everyone.

How EZTime helps

FMLA administration depends on accurate hours and leave records. EZTime records actual hours from a GPS mobile time clock with geofencing, NFC tags, a tablet kiosk, or biometric clocks, so you can review hours worked over the prior 12 months. PTO and absence management tracks time off requests and approvals, digital HR forms help collect leave paperwork, and AI shift scheduling with shift templates and approved shift swaps helps cover shifts while someone is out. Timecard corrections keep an audit trail, and payroll-ready Excel and PDF exports work with any payroll software (EZTime does not run payroll). Plans start from $2 per employee per month with a 14-day trial. Use the PTO accrual calculator, see the attendance clock, or check pricing.

This is general information, not legal advice.