By HR Brew Staff
3 min read
Definition:
The Family and Medical Leave Act (FMLA) is a law that allows eligible employees to take up to 12 weeks of unpaid, job-protected leave for qualifying family and medical events, such as the birth or adoption of a child, or a serious health condition. The FMLA ensures that employees can continue to receive health insurance while they’re on leave.
When was the FMLA enacted?
President Bill Clinton signed the FMLA into law in February 1993. US lawmakers tried unsuccessfully to get similar legislation enacted for nearly 10 years prior to this point, with the first draft introduced in 1984. Congress passed the FMLA twice when President George H.W. Bush was in office (1989–93), but he vetoed it both times, citing concerns that it would have a negative impact on businesses and the economy.
Who must comply with the FMLA?
Private-sector employers with 50 or more workers that are “engaged in commerce or in an industry affecting commerce” are generally required to grant leave to eligible workers under the law.
All public-sector employers, regardless of how many workers they employ, also must comply with the FMLA.
Who is eligible to take FMLA leave?
In order to take leave under the FMLA, an employee must have worked for a covered employer for 12 months prior to when their leave begins, for at least 1,250 hours. They must also work at a location where an employer has at least 50 employees within 75 miles.
Why do workers take FMLA leave?
Eligible employees may take 12 weeks of leave annually for the following reasons, according to the Department of Labor:
- “For the birth and care of the newborn child of an employee;
- for placement with the employee of a child for adoption or foster care;
- to care for an immediate family member (i.e., spouse, child, or parent) with a serious health condition; or
- to take medical leave when the employee is unable to work because of a serious health condition.”
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Employees may also take leave under the FMLA to address active duty-related needs for a spouse, child, or parent who is a member of the military.
Can we expect reforms to the FMLA?
There have been some changes to the FMLA since it was enacted 32 years ago, including a 2015 rule that amended the law’s definition of “spouse” to include same-sex couples.
However, a paid family and medical leave program hasn’t yet been realized at the federal level or come close to passage.
Thirteen states and Washington, DC, now require employers to grant workers paid time off for reasons similar to those covered by the FMLA, such as caring for a new child or a sick family member.
As of 2025, 39% of employers surveyed by SHRM provided paid parental leave; the same share responded that they provided parental leave beyond what’s required by the FMLA.
Can you put FMLA into context?
“Paid leave is often cited as a critical benefit for caregivers, but most employers don’t offer a benefit beyond what is required by the FMLA, according to SHRM,” HR Brew reported in 2025.
