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How much FMLA leave can an employee take?

The Family and Medical Leave Act (FMLA) provides important career protection for working professionals. They have the right to take unpaid leave in specific circumstances.

The birth of a child, a personal medical emergency or a family member’s need for support could all justify an FMLA leave request. Employers cannot terminate, demote or otherwise punish workers for requesting leave under the FMLA.

Those preparing to request to leave may have questions about what the law allows. How much leave is possible when a worker has qualifying circumstances?

The leave limit renews annually

Professionals are typically entitled to up to 12 weeks of FMLA leave per year. They generally need to have held their position for at least a year. Additionally, the company must have at least 50 employees for leave rules to apply.

Workers can ask for 12 weeks off to recover after surgery or a car crash. They can also take that time to bond with a child after birth, adoption or foster placement. Even if a professional experiences multiple qualifying events in a single year, they generally can only take a maximum of 12 weeks of unpaid leave under the FMLA.  Workers may need to consider their leave plans carefully to ensure they have some flexibility if something unexpected happens.

There is one exception to the 12-week limit. Typically, people who take FMLA leave to care for family members also have up to 12 weeks. However, if the employee must provide medical support to an active-duty military service member in their family, they may be eligible for up to 26 weeks of leave.

Learning more about the FMLA can help workers make use of their rights. Denied leave and retaliation for taking leave could constitute a violation of a worker’s rights.