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Who can take unpaid leave under the FMLA?

On Behalf of Hantzes & Associates | Aug 6, 2025 | Employment Law - Workers |

The Family and Medical Leave Act (FMLA) helps employees to achieve a relatively healthy work-life balance. Provided that the circumstances meet the standards included in the law, professionals can request up to 12 weeks of unpaid leave annually under the FMLA.

What are the requirements that a situation must meet for the worker to be eligible for FMLA leave?

1. Adequate employment history

Typically, a professional seeking unpaid leave must have held their position for at least a year. Additionally, they need to have performed a minimum of 1,250 hours of work for the company within those 12 months.

2. A large enough employer

Company size directly influences whether FMLA leave is available or not. Typically, businesses must have at least 50 employees within 75 miles of where the worker seeking leave performs their job for the law to apply.

3. Qualifying circumstances

There are three scenarios that could make workers eligible for FMLA leave. People have the right to take leave for their own medical needs. They can request leave to undergo treatment or recover from a medical challenge.

The second qualifying situation involved the medical challenges of immediate family members. People can ask for leave to provide caregiving support to their children, spouses or parents.

Finally, the expansion of the worker’s family can justify FMLA leave. Giving birth, obtaining foster placement or completing an adoption are all scenarios that might justify an FMLA leave request. Determining eligibility is only the first step toward making use of FMLA leave rights.

Employees may need support if their employers refuse their appropriate FMLA leave requests or punish them for taking leave. Documenting what happens and discussing the issue with a lawyer can be beneficial for employees who need leave but cannot get it or face punishment for taking it.

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