FMLA Policy Template for Employers

There are times in life when personal responsibilities — like caring for a family member or managing your own health — require time away from work. The Family and Medical Leave Act (FMLA) is a federal law that ensures eligible employees can take time off for significant life events without sacrificing job protection or access to health benefits.

This policy explains your rights under FMLA, how to request leave, what to expect while you’re away, and how your job will be handled upon your return. Whether you're preparing for the birth of a child, recovering from a serious health condition, or caring for a family member in need, this policy is here to help you understand your options and protections.

What the FMLA Policy Should Include

A strong FMLA policy provides employees and managers with a clear, legally compliant framework that supports work-life balance and long-term employment relationships. It should explain:

• Who qualifies for FMLA leave and what types of life events are covered
• How much leave is available, how it can be used, and whether it can be intermittent
• How and when to request leave, and what documentation is required
• What happens to your job and benefits during leave
• Your rights and protections, including privacy and protection from retaliation
• How the policy interacts with other benefits, such as PTO, disability, or paid family leave

Purpose of the FMLA Policy

The goal of this policy is to ensure that eligible employees can take job-protected leave when they need it most — without fear of losing their role or health insurance. It reflects our commitment to compliance, fairness, and compassion. We know that medical issues and family responsibilities are deeply personal and sometimes unpredictable, which is why this policy is designed to support both employee needs and operational continuity.

Sample FMLA Policy

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Effective Date: [Insert Date]
Policy Owner: People Team / HR Department
Last Reviewed: [Insert Date]

1. Overview

Under the Family and Medical Leave Act (FMLA), eligible employees are entitled to take up to 12 workweeks of unpaid, job-protected leave during a 12-month period for certain qualifying family and medical reasons. In the case of military caregiving, employees may be eligible for up to 26 workweeks of leave.

FMLA leave is designed to help employees manage life’s most pressing personal needs while preserving their job and access to benefits. This policy describes how FMLA leave works at [Company Name], including who is eligible, what types of events are covered, and how to initiate a leave request.

2. Eligibility

To qualify for FMLA leave, an employee must meet all of the following criteria:

• Have worked for the company for at least 12 months (not necessarily consecutive)
• Have logged at least 1,250 hours of service during the 12-month period immediately preceding the leave
• Work at or be assigned to a location where the company employs at least 50 employees within a 75-mile radius

Employees who do not meet these criteria may still be eligible for leave under other policies (e.g., state family leave laws, short-term disability, or company-specific paid time off).

3. Qualifying Reasons for Leave

FMLA leave can be used for the following purposes:

• The birth of a child, and to bond with the newborn during the first 12 months
• Placement of a child for adoption or foster care, and bonding time within the first year
• Caring for a spouse, child, or parent with a serious health condition
• The employee’s own serious health condition, which makes them unable to perform the essential functions of their job
• Military caregiver leave, to care for a covered service member with a serious injury or illness
• Qualifying exigencies related to a covered military family member’s active duty or call to duty

Each reason has specific documentation and timing requirements, which will be outlined during the leave request process.

4. Duration and Use of Leave

Eligible employees may take up to:

• 12 workweeks of FMLA leave within a rolling 12-month period for most qualifying reasons
• 26 workweeks to care for an injured or ill service member in a single 12-month period

FMLA leave may be taken:

• Continuously (e.g., for surgery recovery or parental leave)
• Intermittently (e.g., for recurring treatments or flare-ups of a medical condition)
• On a reduced schedule (e.g., working half-days during treatment)

Employees requesting intermittent or reduced-schedule leave must work with HR and their manager to develop a plan that minimizes business disruption while honoring their medical needs.

5. Requesting Leave

When leave is foreseeable (e.g., for childbirth or a scheduled surgery), employees must provide at least 30 days’ notice. If the need for leave is unforeseen, notice must be given as soon as practicable, which typically means within 1–2 business days of learning the need for leave.

To request FMLA leave, employees must:

1. Notify their manager and the People Team in writing or via the company’s designated FMLA leave request form
2. Provide a Certification of Health Care Provider form within 15 calendar days of request
3. Participate in a discussion to confirm eligibility and finalize leave logistics

Incomplete or untimely paperwork may delay or result in denial of FMLA protections until documentation is provided.

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6. Compensation and Benefits During Leave

FMLA leave is unpaid, but employees may be required or allowed to substitute available paid leave (PTO, sick time, vacation) for some or all of the FMLA period.

Employees may also be eligible for short-term disability insurance (for their own health condition) or state-paid family leave programs (depending on location).

Health insurance coverage will be maintained during FMLA leave on the same terms as if the employee were actively working. Employees must continue to pay their portion of premiums, either through payroll deductions (if paid leave is used) or via direct payment to the company.

7. Job Protection and Reinstatement

Employees returning from FMLA leave are entitled to:

• Reinstatement to the same or a substantially equivalent role
• Equivalent pay, benefits, and status
• Protection from retaliation or discrimination for taking leave

In rare cases where the employee’s position has been eliminated due to restructuring or layoffs during leave, HR will work with the employee to identify comparable opportunities or separation benefits.

Employees returning from medical leave may be asked to submit a fitness-for-duty certification from their healthcare provider.

8. Confidentiality

All medical information and documentation related to FMLA leave will be treated as confidential and stored separately from personnel files. Access to this information will be limited to those who need it to administer the leave process.

9. Coordination with Other Policies

FMLA leave may run concurrently with:

• Paid parental leave or other company-sponsored leave
• Short-term disability insurance
• State family leave or sick leave laws

HR will coordinate all available programs to ensure compliance and optimize employee benefits without duplication.

Frequently Asked Questions

Do I need to take all 12 weeks at once?
No. If medically necessary or approved by HR, you can take FMLA intermittently or on a reduced schedule.

Can I use FMLA for mental health care?
Yes. Serious mental health conditions are covered if they require ongoing treatment or limit your ability to work. A provider’s certification is required.

Will I still get paid while on FMLA?
FMLA itself is unpaid. However, you may use PTO or qualify for other wage replacement options, such as short-term disability or state-paid leave.

What happens if I can’t return after 12 weeks?
Reach out to HR. We’ll review your options, which may include additional unpaid leave, workplace accommodations, or a transition plan.

Does FMLA apply to same-sex or non-biological parents?
Yes. FMLA applies equally to all eligible employees regardless of gender or family structure, including adoptive, foster, and same-sex parents.

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