Wage and Hour Division (WHD)

Family and Medical Leave Act

Overview

Covered employers must grant an eligible employee up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons:

• for the birth and care of the newborn child of the employee;
• for placement with the employee of a son or daughter for adoption or foster care;
• to care for an immediate family member (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.

Key News

• The President signed into law S.1422, the “Airline Flight Crew Technical Corrections Act”, Public Law 111-119, amending section 101(2) of the FMLA and establishing a special minimum eligibility requirement for airline flight attendants and flight crew members. (December 21, 2009)
  Read more about the airline flight crew technical amendments.
  
   
• The President signed into law the National Defense Authorization Act for Fiscal Year 2010 (2010 NDAA), Public Law 111-84. Section 565 of the 2010 NDAA amends the Family and Medical Leave Act (FMLA). These amendments expand on the military family leave rights added to the FMLA in 2008. The military family leave provisions provide qualifying exigency and military caregiver leave for families of covered military members. (October 28, 2009)
  Read more about these new military leave provisions.
  View Title I of the FMLA as amended by the FY 2010 NDAA.
  
   
• The Department of Labor's Wage and Hour Division published a Final Rule under the Family and Medical Leave Act. The final rule became 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. (November 17, 2008).
   

General Guidance

• Compliance Guide to the Family and Medical Leave Act (a revision is coming soon )
• Special Rules for Returning Reservists under USERRA
• Military Frequently Asked Questions (PDF)
• Non-Military Frequently Asked Questions (PDF)
• FMLA NDAA 2008 Guidance
• FMLA NDAA 2010 Guidance
• FMLA Airline Flight Crew Technical Amendments Guidance

Fact Sheets

• Fact Sheet on the Final Rule
• Fact Sheet # 28: The Family and Medical Leave Act of 1993 (PDF)
• Fact Sheet # 28: The Family and Medical Leave Act of 1993 -Spanish (a revision is coming soon)
• Fact Sheet # 28A: The Family and Medical Leave Act Military Leave Entitlements (PDF)
• Fact Sheet # 44: Visits to Employers (PDF)

e-Tools

• elaws Employee/Employer Advisor (a revision is coming soon)
• Federal vs. State Family and Medical Leave Laws (a revision is coming soon)

Posters

• The Family and Medical Leave Act Poster
• The Family and Medical Leave Act Poster — in Spanish

Forms

• 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)

Interpretive Guidance Opinion Letters

• FMLA Opinion Letters

Applicable Laws, Regulations, Rules, and Histories

• Law
  • 29 U.S.C. 2601, et seq.
  • Amended Title I Law
• Regulations
  • 29 CFR Part 825
    • Subpart A (825.100 – 825.127)
    • Subpart B (825.200 – 825.220)
    • Subpart C (825.300 – 825.313)
    • Subpart D (825.400 – 825.404)
    • Subpart E (825.500)
    • Subpart F (825.600 – 825.604)
    • Subpart G (825.700 – 825.702)
    • Subpart H (825.800)
• Federal Register
  • Federal Register Notice Nov. 17, 2008 (PDF) (HTML)