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Your rights / Leave, injury and accommodation

Leave, injury and accommodation

FMLA for staff, part-time and travel clinicians, pregnancy accommodation, pumping on shift, disability accommodation and military leave.

Every rule here was read on the statute, regulation or agency page it cites. Checked November 10, 2026.

General information, not legal advice. Laws change and your facts decide how they apply. Before you act, confirm with the agency listed here or with an employment lawyer or your union representative.

Family and medical leave

Federal law, every state

You are eligible for FMLA leave after 12 months with the employer and at least 1,250 hours in the 12 months before leave starts, at a worksite with 50 or more of the employer's employees within 75 miles. Part-time and travel staff qualify once they meet those numbers with the same employer.

Who it covers: Employees of covered employers.

"Is employed at a worksite where 50 or more employees are employed by the employer within 75 miles of that worksite."

29 CFR § 825.110 · Checked November 10, 2026

FMLA gives up to 12 weeks of unpaid, job-protected leave a year for your own serious health condition, a new child, or care of a spouse, child or parent with a serious health condition.

Who it covers: FMLA-eligible employees.

"a total of 12 workweeks of leave during any 12-month period"

29 U.S.C. § 2612(a)(1) · Checked November 10, 2026

When FMLA leave ends you go back to your job or an equivalent one with equivalent pay, benefits and terms.

Who it covers: FMLA-eligible employees.

Limits and exceptions to know (the law may have others; read the source):

  • You have no greater right than if you had kept working: a layoff, a cut shift or an eliminated position still applies to you. (29 CFR § 825.216)
  • If you were hired for a set term, such as a 13-week contract, the employer does not have to restore you once the term is over and it would not otherwise have kept you on. (29 CFR § 825.216)
  • A salaried key employee (among the highest-paid 10% within 75 miles) can be denied restoration in limited cases. (29 CFR § 825.217)
"to be restored by the employer to the position of employment held by the employee when the leave commenced"

29 U.S.C. § 2614(a)(1) · Checked November 10, 2026

Pregnancy and pumping

Federal law, every state

For a year after birth you get reasonable break time to pump each time you need to, and a private place that is not a bathroom.

Who it covers: Employees covered by the FLSA.

Limits and exceptions to know (the law may have others; read the source):

  • An employer with fewer than 50 employees is exempt if providing the breaks would be an undue hardship. (29 U.S.C. § 218d(c))
"for 1 year after the child's birth each time such employee has need to express the milk"

29 U.S.C. § 218d (PUMP Act) · Checked November 10, 2026

Employers with 15 or more employees must make reasonable accommodations for known limitations from pregnancy, childbirth or related conditions unless it would be an undue hardship.

Who it covers: Employees and applicants of employers with 15 or more employees.

"The PWFA applies to private employers and public sector employers (state and local governments) that have 15 or more employees."

EEOC, Pregnant Workers Fairness Act; 42 U.S.C. § 2000gg-1 · Checked November 10, 2026

Disability and discrimination

Federal law, every state

Refusing a reasonable accommodation for a known disability is discrimination unless it would be an undue hardship. Ask in writing and keep a copy.

Who it covers: Qualified employees with disabilities.

"not making reasonable accommodations to the known physical or mental limitations"

42 U.S.C. § 12112(b)(5)(A) · Checked November 10, 2026

The ADA employment rules apply to employers with 15 or more employees.

Who it covers: Employees of employers with 15 or more employees.

"who has 15 or more employees"

42 U.S.C. § 12111(5)(A) · Checked November 10, 2026

A discrimination charge with the EEOC generally has to be filed within 180 days, or 300 days where a state or local agency enforces a similar law.

Who it covers: Private-sector and state and local government employees and applicants.

"The 180 calendar day filing deadline is extended to 300 calendar days"

EEOC, Time Limits for Filing a Charge · Checked November 10, 2026

Military service

Federal law, every state

After military service you have a right to your civilian job back if three conditions are met: you gave the employer advance notice (unless that was impossible or prevented by military necessity), your total service absences from that employer do not exceed 5 years (some service does not count), and you report back or apply on time. Missing the return deadline does not by itself forfeit your rights; your employer's normal rules on unexplained absence apply instead.

Who it covers: Guard, Reserve and other uniformed service members.

Limits and exceptions to know (the law may have others; read the source):

  • You must give advance written or verbal notice of the service, unless military necessity or circumstances make it impossible or unreasonable. (38 U.S.C. § 4312(a)(1), (b))
  • Deadlines to return: for service of 31 to 180 days, apply within 14 days; for more than 180 days, apply within 90 days. (38 U.S.C. § 4312(e)(1)(C)-(D))
  • For service under 31 days, report by the start of the first full regularly scheduled work period on the first full calendar day after service ends, after safe travel home plus 8 hours. (38 U.S.C. § 4312(e)(1)(A)(i))
  • If you are recovering from an illness or injury incurred or aggravated in service, the deadline runs from the end of recovery, up to two years. (38 U.S.C. § 4312(e)(2))
  • A late report does not automatically forfeit the right; the employer's usual absence rules apply instead. (38 U.S.C. § 4312(e)(3))
"does not exceed five years"

38 U.S.C. § 4312 · Checked November 10, 2026

An employer cannot refuse to hire you, fire you, pass you over or cut benefits because of Guard or Reserve service or obligations.

Who it covers: Members of and applicants to the uniformed services.

"shall not be denied initial employment, reemployment, retention in employment, promotion, or any benefit of employment"

38 U.S.C. § 4311(a) · Checked November 10, 2026

What to do (our advice)

Sources for this page

Statutes, regulations and agency pages only, each checked November 10, 2026. This page is free and no one paid to be on it.