Free FMLA Leave Plan specific to the U.S. Format Template

FMLA Leave Plan Specific to the U.S. Format


Prepared by: [Your Name]

Date: [Date]


1. Introduction and Purpose

This Family and Medical Leave Act (FMLA) Leave Plan outlines the rights, responsibilities, and procedures for eligible employees requesting leave under the FMLA. This policy ensures compliance with federal regulations and provides a clear framework for employees and management.


2. Eligibility Requirements

Employees are eligible for FMLA leave if they meet the following criteria:

  • Have worked for the company for at least [minimum months of employment] (not necessarily consecutive).

  • Have completed at least [minimum hours worked] of work during the [preceding months].

  • Work at a location with at least [minimum number of employees] within a [mile radius].


3. Types of Leave Covered

FMLA leave may be requested for the following reasons:

  • Birth, adoption, or foster care placement of a child with the employee.

  • A serious health condition that makes the employee unable to perform their job functions.

  • Care for a [relation type, e.g., spouse, child, or parent] with a serious health condition.

  • Qualifying exigencies arising from a family member’s [specific event, e.g., active duty military service].

  • Care for a covered service member with a serious injury or illness (up to [maximum weeks of leave] in a single [eligibility period]).


4. Leave Duration

  • Eligible employees may take up to [maximum workweeks] of unpaid leave within a [eligibility period] for most qualifying reasons.

  • For military caregiver leave, eligible employees may take up to [maximum workweeks for military leave] of unpaid leave in a single [eligibility period].

  • The company uses a [calculation method, e.g., calendar year or rolling period] to calculate leave eligibility.


5. Notification and Documentation Requirements

  • Advance Notice: Employees must provide at least [notice period, e.g., 30 days] for foreseeable leave. If [notice period] is not possible, notice must be provided as soon as practicable.

  • Certification: A completed [required documentation, e.g., Certification of Health Care Provider form] or other required documentation must be submitted within [timeframe for submission, e.g., 15 days] of the leave request.

  • Updates: Employees may be required to provide periodic updates regarding their status and intent to return to work.


6. Job Protection and Benefits During Leave

  • Job Protection: Upon returning from FMLA leave, employees will be reinstated to the same or an equivalent position with the same pay, benefits, and terms of employment.

  • Benefits Continuation: Health insurance benefits will continue during FMLA leave. Employees must continue to pay their portion of premiums.

  • Paid Leave Substitution: Employees may choose or be required to use accrued paid leave (e.g., vacation or sick leave) concurrently with FMLA leave.


7. Intermittent or Reduced Schedule Leave

  • Intermittent leave or a reduced work schedule may be permitted when medically necessary or for qualifying exigencies.

  • Employees must provide certification supporting the need for intermittent or reduced schedule leave and work with management to minimize workplace disruptions.


8. Coordination with Other Leave Policies

  • FMLA leave will run concurrently with any applicable [state leave laws/employer-provided leave policies].

  • Employees receiving [specific benefits, e.g., short-term disability or workers’ compensation] may have FMLA leave run concurrently with those benefits.


9. Return to Work

  • Employees must provide a [required document, e.g., fitness-for-duty certification], if required, before returning to work following a leave for their own serious health condition.

  • Employees returning from FMLA leave will be reinstated to the same or an equivalent position, unless exceptions apply under FMLA regulations.

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