US FederalHow much unpaid leave am I entitled to under the FMLA?
You are entitled to up to 12 weeks of unpaid, job-protected leave per 12-month period under the FMLA if you meet eligibility requirements.
What the Law Says
The Family and Medical Leave Act (FMLA) guarantees eligible employees unpaid, job-protected leave for specified family and medical reasons. The law sets clear thresholds for eligibility and defines the amount and conditions of leave.
To qualify for FMLA leave, you must have worked for your employer for at least 12 months (not necessarily consecutive), have worked at least 1,250 hours during the 12 months before the leave starts, and work at a location where your employer has at least 50 employees within 75 miles.
Eligible employees may take up to 12 workweeks of unpaid leave during any 12-month period for reasons such as the birth or adoption of a child, caring for an immediate family member with a serious health condition, or recovering from your own serious health condition.
Your job is protected: upon return from FMLA leave, you must be restored to the same or an equivalent position with equivalent pay, benefits, and other terms of employment.
Statutory TextAn eligible employee shall be entitled to a total of 12 workweeks of leave during any 12-month period...
— 29 U.S.C. § 2612(a)(1)
What to Do
Confirm your employer is covered (50+ employees within 75 miles)
Verify you’ve worked 1,250 hours in the past 12 months and for 12 months total
Provide your employer with at least 30 days’ notice for foreseeable leave (e.g., birth or planned surgery)
Submit medical certification if requested for serious health condition leave
Request reinstatement in writing upon return if not automatically restored
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.