Family Medical and Leave Act (FMLA)

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Family Medical and Leave Act (FMLA)

Reference Number: MTAS-194
Reviewed Date: 09/04/2026

The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees with unpaid, job-protected leave for certain family and medical reasons. Qualifying reasons include the employee’s own serious health condition; the birth of a child; placement of a child for adoption or foster care; and care for a spouse, child, or parent with a serious health condition.

Under the FMLA, “spouse” includes a husband or wife in a legally valid marriage, including a same-sex marriage. Eligible employees may take FMLA leave to care for a same-sex spouse, the parent of a same-sex spouse, or a child of a same-sex spouse when the applicable FMLA requirements are met, regardless of where the employee lives.