Understanding FMLA: What Every Worker Should Know
Written by Melissa Schenkman, MPH, MSJ
The Family and Medical Leave Act (FMLA) can be confusing and even intimidating, especially for millennials navigating career growth while managing health issues or caregiving responsibilities. In this episode of the YMyHealth Podcast, co-host Melissa Schenkman interviews Paige Sparks, founder of Sparks Legal and an employment attorney who specializes in workplace rights, to clear up common misconceptions and empower workers with practical knowledge about FMLA.
What is FMLA, and is it just for people with families?
Paige Sparks: FMLA stands for the Family and Medical Leave Act, and while the name can be misleading, it’s not just for people with children or traditional family roles. It provides up to 12 weeks of unpaid, job-protected leave for a serious health condition—either your own or that of a direct family member, like a parent or child.
What are some of the biggest misconceptions about FMLA?
Paige:
The biggest myth is that people abuse FMLA. It’s unpaid, so there’s no financial incentive to misuse it.
Many people don’t realize they can combine it with short-term disability or, in some states like Washington, use it alongside state-provided paid leave.
Another misconception is that it only applies to pregnancy or childbirth—it actually applies to a wide range of physical and mental health conditions.
What types of conditions qualify under FMLA?
Paige: FMLA covers any serious health condition—this includes mental health conditions like depression, anxiety, PTSD, and insomnia, as well as chronic physical conditions. It can also be used intermittently, meaning you don’t have to take the full 12 weeks at once. You can use it as needed, for example, during symptom flare-ups or for regular medical appointments.
Can you use FMLA to care for an aging parent or family member?
Paige: Yes, if your parent or direct family member has a qualifying health condition, you can use FMLA to help care for them, even just for driving them to medical appointments. You can also use it intermittently for this kind of support.
Is FMLA available to part-time workers?
Paige: To qualify, you need to have worked at least 1,250 hours in the past 12 months and your employer must have 50+ employees within a 75-mile radius. Most part-time workers don’t meet this threshold, but there are alternatives. If the health issue qualifies as a disability, you may be able to request similar unpaid leave as a reasonable accommodation under the ADA.
Does it matter if you’re salaried or hourly?
Paige: No, what matters is meeting the hour requirement. Whether you’re salaried or hourly, if you’ve worked enough hours and your employer meets the size requirement, you’re covered.
Does FMLA protect your health insurance benefits?
Paige: FMLA does offer some protection of your health benefits, but it’s crucial to be proactive. I always recommend looking into short-term disability or wage replacement programs, like Aflac, because FMLA is unpaid. If you're receiving workers’ compensation, you should still file for FMLA as a companion protection—it’s a separate legal track.
Can FMLA be used for partial days or on an intermittent basis?
Paige: Absolutely, but you have to be very careful to track your time. If you exceed your allotted hours—even accidentally—you could be terminated, and there’s often not much a lawyer can do in that case. Also, you can only use FMLA for one condition at a time, so make sure you’re not overlapping unrelated conditions.
Can using FMLA affect your chances for a raise or promotion?
Paige: It shouldn’t. FMLA prohibits retaliation. You must be restored to the same or a similar job when you return. If you experience retaliation—like getting a bad performance review that references your absence or missing out on a raise—those can be actionable claims. I’ve even seen people get fired the day they return from FMLA. That’s illegal and absolutely something you can bring a claim for.
Attorney Paige Sparks
What if you suspect your rights under FMLA are being violated?
Paige:
Document everything. Keep a paper trail and a timeline of events.
Comply with all company rules about how to report FMLA absences.
If your condition makes reporting difficult (e.g., communication challenges), request accommodations, like emailing instead of calling in.
If your rights are violated, you can bring a legal claim, and the good news is that many employment attorneys (like myself) work on contingency—meaning we only get paid if we win. That makes legal help more accessible to everyone.
What are the top 3 things every worker should know about FMLA?
Paige:
FMLA is unpaid, so don’t believe the abuse myths—there’s no incentive.
If you qualify, apply. It doesn’t hurt to have it in place proactively.
You have strong legal protections, especially against retaliation. Employers can’t discourage you from using it or punish you for taking it. You don’t have to schedule all your leave in advance—just give as much notice as is reasonably possible.
Where can people go to learn more or contact you?
Paige: You can visit my website sparkslegal.org to find helpful resources or request a free consultation. I'm only licensed in Missouri, but I often connect people with lawyers in other states. You can also follow me on TikTok (@lawyerpaige) or Instagram (@_paigesparks) for educational videos and case breakdowns.
Want to hear more from Paige? Listen to the YMyHealth podcast!