Family & Medical Leave Act (FMLA)
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Written by Cocoon Support
Updated over a week ago

What is FMLA?

The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees to take 12 work weeks of unpaid, job-protected leave within a 12-month period for certain leave types, including parental, medical, and caregiver leaves.

To be eligible for FMLA, you must meet the following criteria:

  • Work at least 12 months for your employer

  • Have at least 1,250 work hours completed in that 12-month period

FMLA has additional requirements that are specific to your employer and your work location which we also automatically check for you in the background.

Can I still take leave if I’m ineligible for FMLA?

Yes, you can take the leave dates you requested in Cocoon. The dates you selected in Cocoon are covered by any combination of FMLA, state laws, and your employer’s policy. If you are ineligible for FMLA and still able to request a leave in Cocoon, this means that your leave time is covered either through state laws or your employer’s policy.

I’m ineligible for both FMLA and state benefits. Can I still take leave?

You can take the leave dates you requested in Cocoon. If you are ineligible for both FMLA and state job-protected benefits, Cocoon will show you the time available through your employer’s policy in your dashboard.

If you are on a medical leave and are ineligible for all of FMLA, state benefits, and your employer's medical leave policy, you will not be able to select leave dates. In this case, you have the option to request leave as an ADA accommodation through this form.

I’m ineligible for FMLA but eligible for a state benefit like Washington Paid Family Leave (WA PFML). Can I still take leave?

Yes! If your dashboard is reflecting partial pay from your state, this means that your leave is covered through state policies and likely also your employer’s policy.

Which state laws offer job protection, and how do I qualify for them?

Seventeen states offer job-protection for parental, medical, and caregiver leaves. Cocoon automatically determines which benefits apply to your leave, and you can find these listed in the leave notices. For a full comprehensive list, please see the Glossary section.

Can I take my FMLA leave after my employer policy is exhausted?

No, FMLA and any state protections or pay coverage will run concurrently with your employer's policy. Your employer's policy is inclusive of any state or federal entitlements.

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