FMLA is Confusing — Let’s Make It Make Sense
FMLA or the Family and Medical Leave Act is probably the most well-known parental leave benefit in the US because technically it is the only parental leave benefit in the US, and it’s also the most misunderstood. Who qualifies, what it offers, how to apply, and when you can take it are just a few of the questions I Googled about FMLA when I took my parental leave and the internet just made me more confused.
But now, four years in as a parental leave consultant who has helped thousands of new parents maximize their parental leave, we have FMLA down like we wrote the thing (we definitely didn’t because if we did it would offer waaaaay better benefits.)
So here’s the scoop, spelled out in a way that actually makes sense.
What is FMLA?
FMLA stands for the Family and Medical Leave Act of 1993 and is a law that gives you up to 12 weeks of unpaid time off to take care of yourself or a family member. Think pregnancy complications, newborn snuggles, or recovering from giving birth.
Who qualifies for FMLA?
You’re in if:
🤰🏾 You’ve worked for your employer for at least 12 months
🤰🏾 You’ve clocked at least 1,250 hours in the past year (that’s around 25 hours a week)
🤰🏾 Your employer has at least 50 people working within 50 miles
And FMLA kicks in for three big reasons:
1️⃣ You or a family member have a serious health condition
2️⃣ You’re dealing with military family needs
3️⃣ You’re welcoming a child by birth, adoption, or foster care
What does FMLA provide?
It guarantees up to 12 weeks of unpaid leave. This means your job (or a similar one) will be waiting for you when you come back. And your health insurance stays active while you’re out.
But not everyone qualifies…
If you haven’t worked at least 1,250 hours in the last year or if you work for a small company with fewer than 50 employees your employer legally does not have to offer you FMLA.
How do I apply for FMLA?
No complicated paperwork required! If you qualify, you just need to tell your employer about your plans. Try to give at least 30 days’ notice (give or take, depending on when the baby decides to show up). If your employer does require FMLA paperwork, this is more a formality so they can document your leave.
I thought FMLA would pay me?!
You and millions of others. This is the biggest misconception about FMLA, but the reality is that FMLA is an unpaid benefit. But there are four ways you can get paid during parental leave!
How do I get paid during maternity leave?
There are four main ways:
💵 State benefits (if your state offers them)
💵 Paid leave from your employer
💵 Short-term disability insurance
💵 PTO/sick time
Can my partner/husband take paternity leave?
Yes! If they meet the FMLA qualifications, they can also take up to 12 weeks of unpaid leave to bond with the baby (or help you recover).
Help! I still don’t understand!
Totally normal. FMLA and parental leave were basically written in legal-ese.
Need a hand? Book a time with Hello, Bundle, and we’ll walk through it together, one step at a time.
Hello, Bundle helps new and expecting parents navigate parental leave so they can take the maximum amount of paid parental leave possible when they welcome a child into their family. We provide daily parental leave tips and tricks on TikTok and Instagram, and offer personalized support across the U.S. through consulting calls, custom parental leave calendars, and PDF parental leave guides. Get support in your state here.
