Family and Medical Leave (FMLA)

A Family and Medical Leave (FMLA) policy explains who qualifies for job-protected leave, what reasons and durations are covered (including intermittent leave and military family leave), how employees request and document leave, how pay and benefits are handled, and how federal FMLA coordinates with more generous state or local family and medical leave requirements.

How to Write a Family and Medical Leave (FMLA) Policy

• Start with "why" and introduce the concept.
• Explain how this leave interacts with state and local leave laws.
• Define who is eligible for FMLA leave.
• Describe how employees request leave and what information they need to provide.
• List the qualifying reasons for leave and include key definitions used in the policy.
• Explain how much leave is available and how your organization measures the leave year.
• Address intermittent and reduced schedule leave.
• Cover certification requirements, including medical certification, recertification, and fitness-for-duty releases.
• Explain pay treatment during leave and how benefits continue.
• Describe reinstatement rights at the end of leave.
• State the notices your organization provides to confirm eligibility and designate leave.
• Set expectations for conduct during leave, including outside work and misuse of leave.
• Prohibit retaliation and explain how employees can report concerns.

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