The following reasons are the qualifying leave reasons under FMLA:

• The birth of a child, and to bond with the newborn child;
• The placement of a child for adoption or foster care, and to bond with that child;
• To care for an immediate family member (spouse, child, or parent – but not a parent “in-law”) with a serious health condition;
• To take medical leave when the employee is unable to work because of a serious health condition; or
• For qualifying reasons due to the employee’s spouse, child, or parent being on covered active duty or call to covered active duty status as a member of the National Guard, Reserves, or Regular Armed Forces.

State programs may cover additional leave reasons (i.e. domestic violence, bereavement, organ donation). In particular, some states expand the relationships covered for caregiver leaves beyond a spouse, child, or parent to include siblings, grandparents, parents-in-law, and more.

Protected leave means that if you meet the necessary requirements, your employer is required by law to allow you to take leave, cannot discriminate or retaliate against you for doing so, and must hold your job or an equivalent job until your protected leaveis over. This does not, however, exempt you from being laid off or otherwise terminated for a legitimate, nondiscriminatory reason.

State leave programs that provide leave pay often provide partial wage replacement. It varies by state, but those that have paid leave programs often pay a designated percentage of your salary, up to a weekly maximum. For instance, Washington Paid Family and Medical Leave (WA PFML) offers up to 90% pay with a weekly maximum of $1,427 (as of September 2023).

The U.S. is a complex web of leave laws. Check out our interactive map to see all current and upcoming parental, medical, and caregiver leave laws by state.

FMLA applies to private employers with 50 or more employees. To be eligible for leave under FMLA, you must:

• Have worked at your company for at least 12 months

• Have worked at least 1,250 hours during the 12 months leading up to the leave, and

• Be employed at a location with 50 or more employees within 75 miles of the employee’s worksite.

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FMLA also permits states to set standards that are more expansive and some states have done that. Be sure to check the specific eligibility requirements of any state programs that may apply to your leave. You can find links to the most common state programs here.