The simplest way to keep things straight is this: a leave of absence is the broad category for any authorized time away from work, and FMLA is one specific, federally protected type of leave that falls under that umbrella.

The two terms are sometimes used interchangeably but they carry different meanings. When a request that should have been designated as FMLA gets mishandled, it can turn into a Department of Labor complaint or a costly lawsuit.

For example, the U.S. Department of Labor recovered $438,625 for two workers at an Alabama car manufacturer who were fired after requesting FMLA leave. According to the DOL, the employer treated their protected time off like ordinary absences, denying attendance bonuses and adding points under its attendance policy until both workers were terminated. The company had also failed to tell them they qualified for FMLA or to designate the time as FMLA leave. The lesson for HR is simple: treating protected leave as a routine absence can be an expensive mistake.

Knowing what FMLA is, when it applies, and how it sits inside your broader leave program is the foundation of a defensible, employee-friendly approach to time away from work.

A leave of absence is an authorized period away from work during which an employee keeps their employment status. It can be paid or unpaid, and it is granted under company policy, an employment contract, or federal, state, or local law.

Some of these are required by law. Others are offered purely at the employer’s discretion to support and retain valued employees.

The Family and Medical Leave Act (FMLA), is a federal law that gives eligible employees up to 12 weeks of unpaid, job-protected leave in a 12-month period for qualifying family and medical reasons, with group health benefits maintained during the leave.

FMLA applies to employers with 50 or more employees within a 75-mile radius. An employee becomes eligible after working for the employer for at least 12 months (the months do not have to be consecutive) and logging at least 1,250 hours in the 12 months immediately before the leave begins.

For remote employees, the 75-mile radius is measured from the worksite they report to or receive assignments from, not from their home. The Department of Labor has clarified that a remote worker’s residence does not count as a worksite for this test. In practice, a remote employee is usually counted at the office their work is tied to, so a worker living far from any company location can still be FMLA-eligible if enough employees are based at, or reporting to, the worksite they report in to.

These include the employee’s own serious health condition, bonding with a new child, caring for a family member with a serious health condition, and certain military family situations. Military caregiver leave can extend to 26 weeks.