FMLA Explained: Eligibility, 12 Weeks, and Your Rights

Updated May 31, 2026

The Family and Medical Leave Act (FMLA) gives eligible US employees up to 12 weeks of unpaid, job-protected leave for certain family and medical reasons. Here's who qualifies and how it works — in plain English.

Who is eligible

FMLA applies to covered employers (generally those with 50+ employees within 75 miles) and eligible employees — typically those who have worked for the employer for at least 12 months and at least 1,250 hours in the prior year.

This is a general overview, not legal advice; confirm specifics with the US Department of Labor or counsel.

What it covers

Eligible employees may take up to 12 weeks of unpaid leave in a 12-month period for qualifying reasons:

The birth and care of a newborn, or placement of a child for adoption or foster care.

Caring for a spouse, child, or parent with a serious health condition.

An employee's own serious health condition.

Certain situations arising from a family member's military service.

Job protection and benefits

During FMLA leave, group health insurance must be maintained on the same terms, and on return the employee is generally entitled to the same or an equivalent job. FMLA leave is unpaid, but employees may use accrued paid leave concurrently where the employer allows or requires it.

Orvella lets you define job-protected, unpaid leave types like FMLA with their own rules, approvals, and an audit trail.

Frequently asked questions

How many weeks is FMLA leave?

Up to 12 weeks of unpaid, job-protected leave in a 12-month period for qualifying reasons (and up to 26 weeks for certain military caregiver situations).

Who is eligible for FMLA?

Generally, employees of covered employers (50+ employees within 75 miles) who have worked there 12+ months and at least 1,250 hours in the prior year.

Is FMLA leave paid?

FMLA itself is unpaid, but employees can often use accrued paid leave at the same time, and some states have their own paid family-leave programs.