FMLA: What Is It and How Does It Protect You?
Updated: October 30, 2026
What's New: We've expanded this article to explain intermittent FMLA, eligibility requirements, how to request leave, and protections against attendance-related discipline and retaliation. We've also added information about how your union contract may provide additional protections.
Sometimes life happens, and you need time away from work. Whether you're dealing with a serious illness, caring for a family member or welcoming a new child, you shouldn't have to choose between your health, your family and your job.
That's where the Family and Medical Leave Act (FMLA) comes in.
Passed in 1993, FMLA is a federal law that gives eligible workers the right to take unpaid, job-protected leave for certain family and medical reasons. Your union contract may provide additional benefits and protections beyond what the law requires.
What Protections Does FMLA Provide?
Eligible workers can take up to 12 workweeks of job-protected leave during a 12-month period for qualifying family and medical reasons.
During FMLA leave:
Your employer must maintain your group health insurance under the same conditions as if you were working. You are still responsible for your normal share of premiums.
In most cases, you have the right to return to your same job or an equivalent position with the same pay, benefits and working conditions.
Your employer cannot legally punish, discriminate against or retaliate against you for requesting or using FMLA leave.
Your employer cannot count FMLA absences against you under its attendance policy.
FMLA leave is unpaid. You may be able to use available paid sick leave, vacation or other paid time off during your leave. Some employers require you to use available paid leave at the same time as FMLA leave or before FMLA leave begins.
Who Qualifies for FMLA?
There are three requirements, you must:
Have worked for your employer for at least 12 months. These months do not necessarily have to be consecutive.
Have worked at least 1,250 hours during the 12 months before your leave begins.
Work at a location where your employer has at least 50 employees at locations within 75 miles of each other.
Your employer must also be covered by the FMLA. Generally, private employers are covered if they have employed at least 50 workers for 20 workweeks in the current or previous calendar year. Different coverage rules apply to public agencies and schools.
What Can You Use FMLA For?
FMLA covers several situations, including:
Your own serious health condition that prevents you from performing your job.
Caring for a spouse, child or parent with a serious health condition.
The birth of a child and bonding with your newborn.
The adoption or foster placement of a child and bonding with that child.
Certain circumstances involving a family member's military service.
A serious health condition can include hospitalization, certain conditions requiring continuing medical treatment, pregnancy and chronic illnesses that periodically prevent someone from working.
You don't necessarily have to be hospitalized to qualify for FMLA. Conditions such as migraines, diabetes or other chronic illnesses may qualify when they meet the law's medical requirements.
Special FMLA protections also allow eligible workers to take up to 26 workweeks of leave in a single 12-month period to care for certain seriously injured or ill servicemembers or covered veterans.
Can You Take FMLA a Few Hours or Days at a Time?
Yes! This is called intermittent FMLA, and it's an important protection for workers managing ongoing medical conditions or caring for family members.
For example, you may need FMLA to:
Attend regular medical appointments.
Receive ongoing treatments.
Miss work occasionally because of a chronic health condition.
Take a parent or spouse to necessary medical appointments.
When medically necessary, FMLA can be taken in separate blocks of time or through a reduced work schedule. You do not necessarily have to take all 12 weeks at once.
How Do You Request FMLA?
If you believe you may need FMLA leave, notify your employer and ask about the process for requesting leave. We suggest you notify your employer in writing, although you can do it verbally.
When your need for leave is foreseeable, you should try to provide at least 30 days' notice. For unexpected medical situations, you should notify your employer as soon as possible.
Your employer may require medical documentation from a health care provider to support your request. You must also follow your employer's normal absence reporting procedures.
You do not have to share your entire medical history with your supervisor, but you must provide enough information for your employer to determine whether FMLA applies.
Important: If you have approved intermittent FMLA, make sure you understand your employer's procedures for reporting each absence. Having approved FMLA does not automatically eliminate your responsibility to follow call-in procedures.
Can Your Employer Discipline You for Using FMLA?
Your employer cannot legally discipline or retaliate against you because you requested or used FMLA.
That means FMLA absences cannot be counted as attendance violations, points or used as a reason to punish you.
If you believe your employer is improperly counting FMLA absences against you, denying your leave or retaliating against you, contact your union representative right away.
Your Union Contract May Provide More Protection
FMLA establishes minimum federal protections, but your union contract may provide additional rights, benefits or leave options.
Union members have the advantage of a negotiated contract and a union representative who can help them understand their rights and address potential contract violations.
If you're a UFCW 227 member and have questions about FMLA, contact your union representative or submit a contact request.
You work hard for your family. You deserve to know your rights when your family needs you.
For additional information, visit the U.S. Department of Labor's FMLA resource page.
Unions can bargain greater benefits and more generous leave policies.
If you are not a UFCW 227 member, but want more information about how to start a union at your job, please visit our Are You Ready to Start a Union page.