Family and Medical Leave Act

The Family and Medical Leave Act ("FMLA") provides employees protected leave of their jobs and benefits if they meet the eligibility requirements.  Employers with at least 50 employees must comply with the FMLA.  The FMLA allows up to 12 weeks per year of unpaid leave if the employee is qualified.  To be qualified, the employee must:
  • have worked for at least 12 months, 

  • have worked for at least 1,250 hours during the previous 12 months, and 

  • be working at the employee's facility that has at least 50 employees within a 75-mile radius. 


Sufficient notice must also be given.  And unfortunately, the FMLA does not cover all reasons for leave.  Employees may only take leave for:

  • the birth of a child and to care for the newborn child within 1 year of birth; 

  • the placement with the employee of a child for adoption or foster care and to care for the newly placed child within 1 year of placement; 

  • to care for the employee's spouse, child, or parent who has a serious health condition; 

  • a serious health condition that makes the employee unable to perform the essential functions of his or her job; 

  • any qualifying exigency arising out of the fact that the employee's spouse, son, daughter, or parent is a covered military member on "covered active duty;" or 

  • 26 workweeks of leave during a single 12-month period to care for a covered servicemember with a serious injury or illness if the eligble employee is the servicemember's spouse, son, daughter, parent, or next of kin (military caregiver leave). 


(Taken from


@2018 by Ada Ko Wong, Attorney


6100 219th St. SW

Suite 480

Mountlake Terrace, WA 98043

(206) 259-1259

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice under any circumstances, nor should it be construed as creating an attorney-client relationship. Transmission of information to/from this website and/or blog does not create an attorney-client relationship, and such relationship will only be established after the attorney and client discuss the facts of the client’s case, a conflict check has occurred, and a written fee agreement is signed by the attorney and client. Do NOT disclose any confidential or private information not known to the public in any communications through this website AND until a conflict check has been completed. All visitors to this site are encouraged to retain counsel to review their individual matters and provide legal advice. Please check the latest laws and rules as content may not have been updated.