FMLA lasts up to 12 workweeks in a 12-month period for most reasons, or up to 26 workweeks to care for a seriously injured or ill service member. The Family and Medical Leave Act (FMLA) is a federal law that gives eligible employees unpaid, job-protected leave, and how those weeks are counted depends on your schedule, how you take the leave, and the 12-month period your employer uses. If you’re planning surgery, managing a chronic condition, or expecting a child, knowing how the clock works can help you avoid running out of protected time when you need it most.
Key takeaways
- FMLA provides up to 12 workweeks of unpaid, job-protected leave in a 12-month period, and among employees who took leave for an FMLA-qualifying reason, the average leave lasted 28 business days in a national survey.
- Leave can be taken all at once or in separate blocks of time, and only the time you actually miss counts against your 12 weeks.
- Ask your human resources (HR) department which 12-month period your employer uses and how much FMLA time you have left before you plan your leave.
How many weeks of FMLA do you get?
Most eligible employees get up to 12 workweeks of FMLA leave in a 12-month period. Under the federal rules, that time can be used for your own serious health condition, to care for a spouse, child, or parent with a serious health condition, for the birth or placement of a child, or for certain needs related to a family member’s military service.
A longer entitlement applies to one situation. You can take up to 26 workweeks in a single 12-month period to care for a covered service member with a serious injury or illness. Leave for other military-related needs (qualifying exigency leave) stays at 12 workweeks.
Keep in mind that these weeks are a ceiling. In practice, many people use far less. The 2018 national FMLA surveys found that the average leave for an FMLA-qualifying reason was 28 business days, and most employees (87%) returned to the same employer and position afterward.
Who qualifies for the full 12 weeks?
You qualify for FMLA’s 12 workweeks if you meet the general eligibility rules and your employer is covered. According to the Department of Labor, you’re generally eligible if you:
- Work for a covered employer, such as a private employer with 50 or more employees, a public agency, or a school.
- Have worked there for at least 12 months, which doesn’t need to be consecutive.
- Worked at least 1,250 hours in the 12 months before your leave begins.
- Work at a location where your employer has at least 50 employees within 75 miles.
Your HR department or leave administrator can confirm whether you qualify and how much leave you’ve already used. Once you know you’re eligible, the next question is how your employer measures the 12-month period.
How is the 12-month period calculated?
Your employer picks one of four methods to measure the 12-month period, and it must use the same method for all employees. The federal FMLA regulations allow:
- The calendar year, January through December, so your 12 weeks reset on January 1.
- A fixed 12-month leave year, such as a fiscal year or a year starting on your work anniversary.
- A 12-month period measured forward from the first day you use FMLA leave.
- A rolling 12-month period measured backward from each day you use FMLA leave.
The method matters more than many people realize. Under the rolling method, the Department of Labor explains that you look back 12 months from the date your leave starts and subtract any FMLA time used in that window. Leave you took about a year ago gradually rolls off and becomes available again.
If your employer hasn’t chosen a method, the one that’s most beneficial to you applies. An employer that wants to change methods must give at least 60 days’ notice.
How is FMLA counted when you don’t take it all at once?
FMLA is counted by the time you actually miss, measured against your normal workweek. You can take leave in separate blocks of hours or days when it’s medically necessary (intermittent leave), or work fewer hours each day or week (a reduced leave schedule).
The Department of Labor’s guidance on counting leave sets out the main rules:
- Your 12 weeks equal 12 of your normal workweeks. If you usually work 40 hours a week, you have 480 hours of FMLA leave.
- Part-time and reduced schedules count proportionally. If you normally work 30 hours but work 20 because of leave, you’ve used one-third of a workweek.
- Variable schedules use an average. If your hours change week to week, your employer may use your weekly average from the 12 months before leave begins.
- Small increments are allowed. Your employer must let you take leave in the smallest unit it uses for other leave, and never more than one hour.
- Unscheduled time doesn’t count. Days you weren’t scheduled to work, such as a plant shutdown, don’t reduce your balance.
This is why intermittent leave can stretch across many months. Someone with migraines who misses a few days a month may use their 480 hours slowly over a full year. The MyFMLA guide to intermittent FMLA frequency and duration rules explains how your provider estimates how often flare-ups happen and how long each one lasts.
If you need a certification that lays out how often and how long you’ll be out, a board-certified physician can evaluate you for intermittent FMLA certification in a secure video visit. You must be physically located in your state at the time of the visit.
How long does FMLA last for a new baby?
FMLA for bonding with a new child lasts up to 12 workweeks and must be used within 12 months of the birth or placement. Pregnancy-related incapacity, prenatal care, and recovery from childbirth can count as your own serious health condition, which uses the same 12-week entitlement.
The Department of Labor’s rules for new parents include a few limits worth knowing:
- Intermittent bonding leave needs employer agreement, unless the child has a serious health condition.
- Spouses who work for the same employer share a combined 12 workweeks for bonding leave. This limit doesn’t apply to unmarried partners.
Because pregnancy recovery and bonding draw from the same 12 weeks, planning ahead with HR can help you decide how to divide the time.
Do you have to recertify during FMLA?
Sometimes. For long or ongoing conditions, your employer may ask you to confirm your need for leave again (recertification), but there are limits on how often.
Under the federal certification rules, an employer generally can’t request recertification more often than every 30 days, and only in connection with an absence. If your certification lists a duration longer than 30 days, the employer generally must wait until that period ends, though it can ask every six months. If your need continues into a new FMLA leave year, you may need a new certification. You get at least 15 calendar days to return it.
The MyFMLA guide to FMLA forms and how to complete them walks through what each form asks so your certification matches the leave you actually need.
Is FMLA paid?
No. FMLA is unpaid, although your employer must keep your group health coverage on the same terms while you’re on leave. Your employer may require you to use accrued paid leave during FMLA, and you may choose to use it when the reason fits your employer’s paid leave policy.
FMLA provides job-protected leave but doesn’t replace income. Short-term disability (STD) insurance may replace part of your income while you can’t work, but it doesn’t, by itself, protect your job. Many people need both, and the MyFMLA guide to FMLA and short-term disability explains how they work together. Some states also run paid family and medical leave programs that operate alongside FMLA, with their own rules and timelines.
What happens when FMLA runs out?
When your 12 weeks are used up, FMLA’s job protection ends for that 12-month period. You may still have options, depending on your situation.
- Return to work. If you return within your FMLA time, you’re generally entitled to the same or a virtually identical job.
- Employer leave policies. Some employers offer additional paid or unpaid leave beyond FMLA. Check your handbook.
- Leave as a disability accommodation. Under the Americans with Disabilities Act (ADA), the Equal Employment Opportunity Commission explains that an employer may need to provide additional unpaid leave as a reasonable accommodation after FMLA is exhausted, unless it would cause undue hardship.
- State leave laws. Some states provide additional job-protected or paid leave. Your state labor agency can explain what applies to you.
If you need more time because of a disability, the MyFMLA page on ADA workplace accommodation support explains what medical documentation for an accommodation request involves.
When to seek medical attention
Your health comes before the paperwork. Contact a health care provider if your symptoms are getting worse, a new symptom appears, or recovery is taking longer than expected, since your provider may need to update your certification.
This is not an emergency service. If you have chest pain, trouble breathing, signs of a stroke, or another emergency, call 911 or go to the nearest emergency room. If you’re having thoughts of suicide or are in crisis, call or text 988 to reach the Suicide & Crisis Lifeline.
Frequently asked questions
Can FMLA be extended beyond 12 weeks?
FMLA itself doesn’t extend beyond 12 workweeks in a 12-month period, except for the 26-week military caregiver entitlement. You may be able to take additional leave through your employer’s policies, a state leave law, or as a reasonable accommodation under the ADA. Ask HR what applies to you.
Does FMLA reset every year?
It depends on the 12-month period your employer uses. Under a calendar year or fixed leave year, your balance resets on a set date. Under a rolling period, time you used about a year ago becomes available again gradually.
How many hours is 12 weeks of FMLA?
It equals 12 of your normal workweeks. For someone who works 40 hours a week, that’s 480 hours. For someone who works 30 hours a week, it’s 360 hours.
Can you take FMLA twice in one year?
Yes, as long as you have time left in your 12-month period. You can take FMLA for different reasons or in separate blocks, but all of it counts toward the same 12 workweeks.
Who decides how much FMLA leave I get?
Your employer or its leave administrator reviews your request and medical certification and decides whether to approve and designate the leave as FMLA. Medical certification supports your request, but it does not guarantee approval.
Get help with your FMLA paperwork
If your own provider can’t complete your FMLA certification before your deadline, MyFMLA can help. A board-certified physician will evaluate your condition in a secure video visit. Intermittent FMLA documentation is typically completed within 1 business day, and continuous FMLA and more comprehensive requests within 1 to 3 business days after the appointment, when all required information is available. Start your evaluation; current pricing is shown on the booking page.
Sources
- U.S. Department of Labor, Wage and Hour Division. Accessed October 31, 2026. Family and Medical Leave Act. https://www.dol.gov/agencies/whd/fmla
- U.S. Department of Labor, Wage and Hour Division. Revised March 2025. Fact Sheet #28: The Family and Medical Leave Act. https://www.dol.gov/agencies/whd/fact-sheets/28-fmla
- Electronic Code of Federal Regulations. Accessed October 31, 2026. 29 CFR 825.200: Amount of leave. https://www.ecfr.gov/current/title-29/subtitle-B/chapter-V/subchapter-C/part-825/subpart-B/section-825.200
- U.S. Department of Labor, Wage and Hour Division. Accessed October 31, 2026. Fact Sheet #28H: 12-month period under the Family and Medical Leave Act (FMLA). https://www.dol.gov/agencies/whd/fact-sheets/28h-fmla-12-month-period
- U.S. Department of Labor, Wage and Hour Division. Accessed October 31, 2026. Fact Sheet #28I: Counting Leave Use under the Family and Medical Leave Act. https://www.dol.gov/agencies/whd/fact-sheets/28i-fmla-leave-calculation
- U.S. Department of Labor, Wage and Hour Division. Accessed October 31, 2026. Fact Sheet #28Q: Taking Leave from Work for the Birth, Placement, and Bonding with a Child under the FMLA. https://www.dol.gov/agencies/whd/fact-sheets/28q-taking-leave-for-birth-placement-child
- U.S. Department of Labor, Wage and Hour Division. Accessed October 31, 2026. Fact Sheet #28M: Using FMLA Leave Because of a Family Member’s Military Service. https://www.dol.gov/agencies/whd/fact-sheets/28m-fmla-military-family
- U.S. Department of Labor, Wage and Hour Division. Accessed October 31, 2026. Fact Sheet #28G: Medical Certification under the Family and Medical Leave Act. https://www.dol.gov/agencies/whd/fact-sheets/28g-fmla-serious-health-condition
- U.S. Equal Employment Opportunity Commission. Issued May 9, 2016. Employer-Provided Leave and the Americans with Disabilities Act. https://www.eeoc.gov/laws/guidance/employer-provided-leave-and-americans-disabilities-act
- Chang K, Brown S, Herr J, Roy R, Klerman JA. Employee and Worksite Perspectives of the Family and Medical Leave Act: Executive Summary for Results from the 2018 Surveys. Abt Associates; U.S. Department of Labor, Chief Evaluation Office; July 2020. https://www.dol.gov/sites/dolgov/files/OASP/evaluation/pdf/WHD_FMLA2018SurveyResults_ExecutiveSummary_Aug2020.pdf
Medical documentation supports your request but does not guarantee approval. Final decisions are made by your employer, insurance carrier, leave administrator, school, or applicable state program.
This article is for informational purposes only and is not a substitute for professional medical advice.
This is not an emergency service. In an emergency, call 911 or go to the nearest emergency room.
