Federal, exists in every state
Keep your job while caring for your child (FMLA)
Official name: Family and Medical Leave Act
Up to 12 weeks of unpaid leave with your job and health plan protected under the Family and Medical Leave Act (FMLA). The law checks employer size, 12 months of service and 1,250 hours worked.
Up to 12 weeks off with your job and health plan held.
Program details
Who does what
The three parts, side by side. The agency decides; nobody on this page does.
You
Ask human resources for the forms, give the certification to the clinic, and keep copies of every notice.
Your social worker
The social worker sends the medical certification to the clinician who signs it and confirms the treatment calendar.
The care team
Completes the medical certification, including intermittent leave for clinic days and admissions.
- Who decides
- The employer (HR), under the federal law
- Ask HR
- “I need FMLA leave to care for my child with leukemia. Can you send me the eligibility notice and the medical certification form, and confirm I can take the leave intermittently?”
How to apply
First step: Ask HR for FMLA forms this week. Give the medical certification to the oncology team to complete.
- Ask HR for the forms this week.
- Ask for intermittent leave in the certification.
- Ask what paid leave can run alongside.
Where it starts: Request the forms from HR. Certification from the oncology team
What to gather
- Employer size and your start date
- The FMLA medical certification form (WH-380-F) from HR
- A treatment calendar from the clinic
How long: human resources must answer in writing once it knows the leave is for a serious condition. Ask for the eligibility notice by name.
What a yes looks like
A written eligibility notice and a designation notice saying which absences count as FMLA.
What a no looks like, and the next move
“Not covered” (under 50 people, under a year, under 1,250 hours): ask what the employer's own policy allows and check the state leave law. Many are broader.
Watch out
- Ask for intermittent leave in the certification so clinic days and admissions can each be leave days.
- FMLA is unpaid. Ask human resources what paid leave, short-term disability or a state program can run alongside.
- The 50-people test is within 75 miles of your worksite. A big company with a small local office can still count.
- A separate disability-discrimination rule protects against unequal treatment because of your child’s disability. It does not create a general right to a caregiver schedule change. Keep leave requests, schedules and the employer’s replies.
The numbers and the rules
The arcane layer, kept on purpose. Checked September 10, 2026.
What it is worth
Up to 12 workweeks per 12-month period, in one block or a day at a time, with the health plan continued and the job restored.
Legal protection: 12 workweeks of leave per 12-month period · Continuous, intermittent or reduced-schedule leave · Group health coverage continued on the same terms · Job restoration on return
What it costs the family: Unpaid unless paired with employer or state benefits.
The eligibility facts, as published
- Employer size
- 50 or more employees within 75 miles
- Tenure months
- 12
- Hours last 12 months
- 1250
Decisions this site cannot make: Employee and employer coverage · Medical certification from the clinician
Expect friction on: Certification deadlines · Intermittent scheduling
The trap: Job protection, wage replacement and the premium are three separate things. Ask human resources what paid leave, short-term disability or a state program can run alongside.
What changes by state: Some states add paid family leave and a broader job-protection law (California CFRA from 5 employees. Georgia's Family Care Act from 25).
Where I read this
- Family and Medical Leave Act — U.S. Department of Labor, read August 27, 2026
