Family and Medical Leave

A Family and Medical Leave policy explains when employees can take job-protected leave for their own serious health condition or to care for or bond with family, how eligibility, notice, documentation, benefits continuation, and reinstatement work under FMLA and any applicable state or local leave laws.

How to Write a Family and Medical Leave Policy

• Start with "why" and introduce the concept.
• Define what leave is covered and how it relates to other overlapping leave and pay programs.
• Explain who is eligible to take leave.
• List the approved reasons for leave and define key family relationship terms.
• Describe the amount of leave available and the basic ways leave may be taken.
• Explain how employees request leave and what notice is expected.
• Describe what documentation you may require and how you handle incomplete or questionable documentation.
• Explain how pay works during leave, including options to use accrued paid time off.
• Explain what happens to benefits during leave and what the employee must do to keep coverage in place.
• Describe job protection and return-to-work expectations, including when reinstatement may be limited.
• State a clear non-interference and anti-retaliation commitment.
• Close with where employees can go with questions or to start a request.

For advice on writing a Family and Medical Leave policy in a specific jurisdiction, see below.