Frequently Asked FMLA Questions

The Family and Medical Leave Act has always been complex and confusing. When the topic comes up, questions seem to automatically follow.

Below is a list of the frequent questions our experts get asked. If you don't see your question answered below, the Personal Assistant feature in FMLA Manager is a great resource to have in your back pocket. It's like having your very own FMLA assistant on staff!


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 To what types of businesses/employers does the Family and Medical Leave Act apply?


 Who may take FMLA leave?


 Do employers need to pay employees on family medical leave?


 What is a serious health condition?


 What are the reasons employees may take FMLA leave?


 Who are considered family members?


 Do all employees get 480 hours of FMLA leave?


 When may an employee take FMLA leave intermittently?


 May an employer terminate an employee who cannot return to work after he or she exhausts 12 weeks of FMLA leave taken for his or her own serious health condition?


 Does time off for a workers’ compensation injury always count against an employee’s FMLA leave entitlement?


 May an employee take FMLA leave to care for a sibling?


 Must the 12 months an employee needs to work for the company be consecutive?


 Does the 1,250 hours worked include paid leave, vacation, etc.?


 May employers require a certification for every FMLA-qualifying reason?


 May employers request a doctor’s note for every instance of intermittent FMLA leave an employee takes?


 How much FMLA leave may a new father take to bond with his newborn?