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The Global Insight

Is FMLA 12 consecutive weeks?

Author

Christopher Ramos

Updated on April 04, 2026

An employee may take up to 12 workweeks of FMLA leave for qualifying exigencies during the twelve-month period established by the employer for FMLA leave. Qualifying exigency leave may also be taken on an intermittent or reduced leave schedule basis.

Is FMLA 90 days or 12 weeks?

FMLA LEAVE ENTITLEMENT AND INCREMENTS OF LEAVE An employee is entitled to up to 12 workweeks of FMLA leave for most qualifying reasons or up to 26 workweeks of FMLA leave for military caregiver leave. The employee’s actual workweek is the basis for determining the employee’s FMLA leave entitlement.

Is FMLA 12 weeks or 26 weeks?

The Family and Medical Leave Act, passed by Congress in 1993, entitles eligible employees of covered employers to take unpaid, job-protected leave for specific family and medical reasons for up to 12 weeks. It also allows up to 26 weeks to care for certain family members who are or were in the military.

How many weeks does the FMLA normally provide to employees?

The Family and Medical Leave Act (FMLA) provides certain employees with up to 12 weeks of unpaid, job-protected leave per year. It also requires that their group health benefits be maintained during the leave.

What happens when FMLA leave is exhausted?

When employees exhaust their leave under the Family and Medical Leave Act (FMLA), they may want to return to work or take additional leave. Many employers do require a return-to-work certification to confirm that the employee’s physician has released the employee to return to work, Devitt said.

Does FMLA start the day the baby is born?

Circumstances may require that FMLA leave begin before the actual date of birth of a child. An expectant mother may take FMLA leave before the birth of the child, for prenatal care, or if her condition makes her unable to work, for example.

How many workweeks of FMLA are you entitled to?

An employee is entitled to up to 12 workweeks of FMLA leave for most qualifying reasons or up to 26 workweeks of FMLA leave for military caregiver leave. The employee’s actual workweek is the basis for determining the employee’s FMLA leave entitlement. An employee does not accrue FMLA leave at any particular hourly rate.

When does FMLA begin for the next leave year?

Then, if an employee needs FMLA leave after the initial leave year ends, the employee’s next leave year begins on the first day of the employee’s next FMLA leave. This system can create the same problems as the first two.

How does FMLA work for part time employees?

Similarly, if a full-time employee who would otherwise work 8-hour days works 4-hour days under a reduced leave schedule, the employee would use one-half week of FMLA leave. Where an employee works a part-time schedule or variable hours, the amount of FMLA leave that an employee uses is determined on a pro rata or proportional basis.

How do I calculate FMLA leave where my employee?

You make this calculation according to the employee’s regular workweek. For example, an employee who regularly works a five-day work week and eight hours a day, is entitled to 480 hours of leave: 12 weeks x 40 hrs/wk. Similarly, an employee who works a four-day week and eight hours each day is entitled to 384 hours of leave: 12 weeks x 32 hrs/wk.