This page covers what the Family and Medical Leave Act (FMLA) asks of employers, the 2026 numbers and changes in motion. Basics are in the FMLA overview.
What the law requires
| Requirement | In plain words | Where it comes from |
|---|---|---|
| Post the notice | Display the Wage and Hour Division poster, electronic posting included, even if no one is eligible; if anyone is, also put it in the handbook or give it to new hires | 29 CFR 825.300(a) |
| Notices to the employee | An eligibility notice and written rights-and-responsibilities notice, then a written designation notice naming the leave counted, once the amount is known | 825.300(b)-(d) |
| Grant the leave | 12 workweeks, including intermittent or reduced-schedule leave when medically necessary | 29 U.S.C. 2612; 825.202, .205 |
| Keep coverage and the job | Group health coverage on the same terms; the same or an equivalent job on return | 825.209-.210; 29 U.S.C. 2614(a) |
| No interference | No retaliation, and no counting FMLA absences under no-fault attendance rules | 825.220 |
| Records | Keep 3 or more years, with medical papers separate and confidential | 825.500 |
Key numbers and dates
| Item | Amount or date | Year in force | Source |
|---|---|---|---|
| Leave length | 12 workweeks per 12-month period for a birth, adoption or foster placement, a serious health condition (the employee's, or a spouse's, child's or parent's) or a qualifying exigency | 2026 | 29 U.S.C. 2612(a) |
| Military caregiver leave | 26 workweeks in one 12-month period; 26 is also the combined cap | 2026 | 2612(a)(3)-(4) |
| Notice clocks | Employee: 30 days ahead if foreseeable. Employer: eligibility, rights and designation notices, 5 business days each, absent extenuating circumstances | 2026 | 2612(e); 825.300 |
| Certification | Employee has 15 calendar days; 7 calendar days to fix gaps | 2026 | 825.305-.308 |
| Time to sue | 2 years from the last violation; 3 if willful | 2026 | 2617(c) |
| Posting penalty | Up to $216 per willful offense; the 2026 adjustment was cancelled | 2025 amount, in force 2026 | 2619(b); 91 FR 31358 |
Source: 29 U.S.C. 2611; Illinois leave acts (820 ILCS 154, 157, 180, 192)
Recent and pending changes
- Posting penalty (final): since 2019, Part 825 has changed only through yearly posting-penalty updates. DOL's May 27, 2026 notice cancelled the 2026 update and plans a penalty review in 2027.
- Opinion letters (informal guidance): FMLA2025-02-A (Sep 30, 2025): for staff scheduled 84 hours every two weeks, 12 weeks can equal 504 hours. FMLA2026-2 (Jan 5, 2026): travel to or from a medical appointment can count as FMLA leave.
Penalties and enforcement
The Wage and Hour Division enforces the FMLA, and employees can also sue. DOL does not enforce state leave laws, and states may not enforce the FMLA. A matter can start with an employee complaint or a lawsuit.
| Tier | What can follow |
|---|---|
| Employer violation | Lost pay and benefits (or actual loss, up to 12 weeks' wages, or 26 for caregiver leave), interest, equal liquidated damages (a court may reduce them for good faith), reinstatement and attorney fees |
| Individuals | Corporate officers acting in the employer's interest can be personally liable |
Next, see the checklist and FAQs, the Cook County Paid Leave Ordinance and state paid family leave.
Official sources
- U.S. Department of Labor: Civil money penalties
- eCFR: 29 CFR Part 825, The Family and Medical Leave Act of 1993
- Cornell Law School: 29 U.S.C. 2612, leave requirement
- Cornell Law School: 29 U.S.C. 2617, enforcement
- Federal Register: 2026 civil penalty notice, 91 FR 31358
This page is a plain-language summary. The official source controls if there is any difference.