The federal Family and Medical Leave Act (FMLA) is designed to help employees balance work and time off for their own personal medical needs or the needs of a close family member. (The FMLA also provides rights for caregivers to take time off to care for a person with a serious health condition).

The FMLA provides that:

• Certain employees can take up to 12 weeks of unpaid, job-protected leave each year.
• The time off does not have to be consecutive. It can be intermittent - even taken one hour at a time.
• Group health benefits must be maintained during the leave. Other benefits must be reinstated upon return to work.

Employees have rights and responsibilities while on FMLA leave. For instance, the FMLA permits an employer to require:

• Certification from a healthcare provider about the medical necessity for an employee's leave. 
• Periodic recertification
• Certification of fitness to return to duty.
• Second and even third medical opinions.

An employer may not transfer an employee to discourage an employee from taking leave or otherwise cause a hardship on the employee. An employer may also not require an employee to take more leave than necessary.

If your health condition will require you to take more than 12 weeks leave, you may be able to obtain the time as an accommodation under the Americans With Disabilities Act. This document focuses on the sections of the FMLA that permit you to take time off from work. The FMLA applies equally to members of your family who may need to take time off to care for you, or you for them.

NOTE: Effective 2009, the FMLA was extended to:

1. Permit leave up to 26 weeks relating to a covered family member's service in the armed forces, National Guard or Reserves. 
2. Permit leave up to 12 weeks for a related person in the National Guard or Reserves being called to duty.

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