Family and Medical Leave Act (FMLA) Policy
FMLA policy for 50+ employee employers — qualifying events, certification, 12-week leave, return-to-work protection.
Every employee gets a seat — priced per employee in HR Operations, quoted with this template ready.
Rolled out to every employee at AutoZone (125,000), PetSmart (50,000+), A.S. Watson and Raley's (20,000) — and at larger retailers we are not permitted to name.
What's inside this template
Eligibility
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Employees are eligible for FMLA leave if they: (1) have worked for the company for at least 12 months, (2) have worked at least 1,250 hours in the prior 12 months, and (3) work at a location with 50 or more employees within a 75-mile radius.
Qualifying Events
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FMLA leave is available for: (a) the birth or care of a newborn; (b) placement of a child for adoption or foster care; (c) care for a spouse, child, or parent with a serious health condition; (d) the employee’s own serious health condition; (e) qualifying exigencies arising from a family member’s active military duty; or (f) up to 26 weeks to care for a covered service member with a serious injury (military caregiver leave).
Leave Duration
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Eligible employees may take up to 12 workweeks of unpaid, job-protected leave per 12-month period (26 weeks for military caregiver leave). Leave may be taken continuously, intermittently, or on a reduced schedule when medically necessary.
Notice & Certification
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Employees must give 30 days’ notice for foreseeable leave or as soon as practicable for unforeseeable leave. Medical certification (DOL Form WH-380) is required to support requests based on serious health conditions; the company may request recertification periodically.
Pay & Benefits
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FMLA leave is unpaid; however, the company requires use of accrued PTO/sick leave to run concurrently. Health insurance continues during FMLA leave on the same terms; employees must continue to pay their share of premiums.
Return to Work
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Employees returning from FMLA leave are entitled to return to the same or an equivalent position with equivalent pay, benefits, and other terms. A medical fitness-for-duty certification may be required for leave taken for the employee’s own serious health condition.
Anti-Retaliation
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It is unlawful to interfere with FMLA rights or to retaliate against an employee for exercising or attempting to exercise FMLA rights. Concerns should be reported to HR or the U.S. Department of Labor.
Common use cases
Frequently asked questions
Can I take FMLA for my domestic partner?
Federal FMLA covers spouses; many states extend coverage to registered domestic partners. Check the state-specific addendum or ask HR about your jurisdiction.
Do I have to use my PTO during FMLA?
Yes — accrued PTO and sick leave run concurrently with FMLA leave. Once exhausted, the remaining FMLA leave is unpaid but job-protected.
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Ready to use this template?
Every employee gets a seat. Request pricing for HR Operations and we quote into a workspace with Family and Medical Leave Act (FMLA) Policy ready.
Rolled out to every employee at AutoZone (125,000), PetSmart (50,000+), A.S. Watson and Raley's (20,000) — and at larger retailers we are not permitted to name.