Illness and FMLA Protections

If an employee missed work due to either his or her own illness, the employee may qualify for job protections under the Family and Medical Leave Act (FMLA), which is a federal law administered by the U.S. Department of Labor. Under state law, no such protections exist.

Under federal law, covered employers must grant an eligible employee up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons:

  • for the birth and care of the newborn child of the employee;
  • for placement with the employee of a son or daughter for adoption or foster care;
  • to care for an immediate family member (spouse, child, or parent) with a serious health condition; or
  • to take medical leave when the employee is unable to work because of a serious health condition.

For more information on FMLA, visit