Overview Compliance Assistance Materials Basic Information Fact Sheets E-Tools Posters Recordkeeping Applicable Laws and Regulations Related Topics and Links DOL Contacts Return to Benefits Menu

Frequently Asked Questions What is the Family and Medical Leave Act? How can I file a complaint if I believe my Family and Medical Leave Act (FMLA) rights have been violated? more ...

OVERVIEW

* The Department of Labor's Wage and Hour Division published a Final Rule under the Family and Medical Leave Act. The final rule becomes effective on January 16, 2009, and updates the FMLA regulations to implement new military family leave entitlements enacted under the National Defense Authorization Act for FY 2008. It also includes revisions in response to public comments received on the proposed rule issued in February 2008. The Federal Register Notice and related documents are available at Wage and Hour's FMLA Final Rule website.

The Family and Medical Leave Act (FMLA) provides an entitlement of up to 12 weeks of job-protected, unpaid leave during any 12-month period to eligible, covered employees for the following reasons: 1) birth and care of the eligible employee's child, or placement for adoption or foster care of a child with the employee; 2) care of an immediate family member (spouse, child, parent) who has a serious health condition; or 3) care of the employee's own serious health condition. It also requires that employee's group health benefits be maintained during the leave. The FMLA is administered by the U.S. Department of Labor Employment Standards Administration's Wage and Hour Division.

The Uniformed Services Employment and Reemployment Rights Act (USERRA) requires that a person reemployed under its provisions be given credit for any months and hours of service he or she would have been employed, but for the military service, in determining eligibility for FMLA leave. The USERRA is administered by the Veterans Employment and Training Service (VETS).

Application of the FMLA can also be impacted by the Consolidated Omnibus Budget Reconciliation Act of 1986 (COBRA), the Americans with Disabilities Act of 1990 (ADA), or the Health Insurance Portability and Accountability Act (HIPAA). See "Related Topics and Links" below.

COMPLIANCE ASSISTANCE MATERIALS

BASIC INFORMATION

• Employment Law Guide - Family and Medical Leave - Provides an overview of the Family and Medical Leave Act (FMLA).

• Memo: Protection of Uniformed Service Members' Rights to Family and Medical Leave - Provides information on FMLA eligibility rules for reservists returning to private employment.  
• Filing a complaint - DOL's Wage and Hour Division manages complaints regarding violations of the various laws and regulations it administers. To file a complaint concerning one of these laws, contact your nearest Wage and Hour Division office or call the Department's Toll-Free Wage and Hour Helpline at 1-866-4-US-WAGE.

FACT SHEETS

• Fact Sheet on Family and Medical Leave Act (FMLA)
• USERRA-FMLA Questions and Answers - Fact sheet on returning reservists' FMLA leave eligibility under the Uniformed Services Employment and Reemployment Rights Act (USERRA).
• Fact Sheet on Family and Medical Leave Act Military Leave Entitlements

E-TOOLS

• elaws Family and Medical Leave Act (FMLA) Advisor - This interactive e-tool provides information about employee eligibility under the law including valid reasons for leave, employee/employer notification responsibilities, and employee rights and benefits.

POSTERS

• The Family and Medical Leave Act (FMLA) Poster - All covered employers are required to display and keep displayed this poster prepared by the Department of Labor summarizing the major provisions of the FMLA.

RECORDKEEPING

• In addition to records required by the Fair Labor Standards Act, the FMLA requires that employers designate time taken as FMLA by eligible employees as such and preserve certain notices to and from employees concerning FMLA leave. See optional forms:
• Form WH-380-E - Certification of Health Care Provider for Employee’s Serious Health Condition (PDF)

• WH-380-F - Certification of Health Care Provider for Family Member’s Serious Health Condition (PDF)

• WH-381 - Notice of Eligibility and Rights & Responsibilities (PDF)

• WH-382 - Designation Notice (PDF)

• WH-384 - Certification of Qualifying Exigency For Military Family Leave (PDF)

• WH-385 - Certification for Serious Injury or Illness of Covered Servicemember -- for Military Family Leave (PDF)

APPLICABLE LAWS AND REGULATIONS

• The Family and Medical Leave Act (FMLA) - Provides certain employees with up to 12 weeks of unpaid, job-protected leave per year. It also requires that their group health benefits be maintained during the leave.
• January 28, 2008 Amendments to FMLA (Section 585 of the National Defense Authorization Act for FY 2008) - Among other things, amends FMLA to permit a “spouse, son, daughter, parent, or next of kin” to take up to 26 workweeks of leave to care for a “member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness."

RELATED TOPICS AND LINKS

• Americans with Disabilities Act of 1990 (ADA) - Prohibits discrimination against qualified individuals with disabilities, including the terms, conditions and privileges of employment. The Equal Employment Opportunity Commision (EEOC) provides information on situations when the ADA and the Family and Medical Leave Act (FMLA) both apply.
• 29 CFR 825.209(b) - Regulations concerning the maintenance of health benefits under the FMLA and the Consolidated Omnibus Budget Reconciliation Act of 1986 (COBRA). Also see the Employee Benefits Security Administration's (EBSA) COBRA Guide (PDF) (page 18).
• Fact Sheet on the Health Insurance Portability and Accountability Act (HIPAA)
• Federal vs. State Family and Medical Leave Laws
• 29 CFR 825.702 - Regulations on the interaction of FMLA with federal and state anti-discrimination laws.
• Pregnancy Discrimination Act - Prohibits discrimination on the basis of pregnancy, childbirth, or related medical conditions.
• HIPAA Medical Privacy Rule - Administered by the U.S. Department of Health and Human Services' (HHS) Office of Civil Rights.

DOL CONTACTS*

• Employment Standards Administration (ESA)
  Wage and Hour Division
  200 Constitution Avenue, NW
  Room S-3502
  Washington, DC 20210
  Contact WHD
  Tel: 1-866-4USWAGE (1-866-487-9243)
  TTY: 1-877-889-5627
  Local Offices

• Veterans’ Employment and Training Service (VETS)
  200 Constitution Avenue, NW
  Room S-1325
  Washington, D.C. 20210
  E-mail: contact-vets@dol.gov
  Tel: 1-866-4-USA-DOL (1-866-487-2365) or 202-693-4770
  TTY: 1-877-889-5627
  Local Offices

• For questions on other DOL laws,
  please call DOL's Toll-Free Help Line at 1-866-4-USA-DOL. Live assistance is available in English and Spanish, Monday through Friday from 8:00 a.m. to 8:00 p.m. Eastern Time. Additional service is available in more than 140 languages through a translation service.
  Tel: 1-866-4-USA-DOL
  TTY: 1-877-889-5627

*Pursuant to the U.S. Department of Labor's Confidentiality Protocol for Compliance Assistance Inquiries, information provided by a telephone caller will be kept confidential within the bounds of the law. Compliance assistance inquiries will not trigger an inspection, audit, investigation, etc.