Family and Medical Leave Act

picture of doctor in hospital scrubs

Under the Family and Medical Leave Act of 1993 (FMLA), most Federal employees are entitled to a total of up to 12 workweeks of unpaid leave during any 12-month period for the following purposes: 

  • the birth of a son or daughter of the employee and the care of such son or daughter;
  • the placement of a son or daughter with the employee for adoption or foster care;
  • the care of spouse, son, daughter, or parent of the employee who has a serious health condition; or  
  • a serious health condition of the employee that makes the employee unable to perform the essential functions of his or her position;
  • any qualifying exigency arising out of the fact that the spouse, or a son, daughter, or parent of the employee is on covered active duty (or has been notified of an impending call or order to covered active duty) in the Armed Forces.

Under certain conditions, an employee may use the 12 weeks of FMLA leave intermittently. An employee may elect to substitute annual leave and/or sick leave, consistent with current laws and OPM's regulations for using annual and sick leave, for any unpaid leave under the FMLA.  The amount of sick leave that may be used to care for a family member is limited.  FMLA leave is in addition to other paid time off available to an employee.

Advance Notice and Medical Certification

An employee must provide notice of his or her intent to take family and medical leave not less than 30 days before leave is to begin or, in emergencies, as soon as is practicable.  An agency may request medical certification for FMLA leave taken to care for an employee's spouse, son, daughter, or parent who has a serious health condition or for the serious health condition of the employee.

Solicitor’s Role

The Employment and Labor Law Unit (ELLU) has broad experience helping clients navigate the complexities of the FMLA.  A manager or supervisor dealing with a request for leave under the FMLA should contact the ELLU for advice and counsel.

Additional resources on the FMLA, including links to the full FMLA regulation and other helpful publications, is available through the Office of Personnel Management (OPM) at https://www.opm.gov/policy-data-oversight/pay-leave/leave-administration/fact-sheets/family-and-medical-leave/.

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