Enacted in 1993, The Family and Medical Leave Act (FMLA) guarantees eligible employees up to 12 weeks of unpaid leave each year with no threat of job loss. It also requires that employers covered by the law maintain the health benefits for eligible workers just as if they were working. This law helps prioritize your health and family while also protecting your job.

Only 17% of employees in the U.S. have access to paid family leave through their employers. The federal Family and Medical Leave Act (FMLA), which provides unpaid family and medical leave, excludes roughly 40% of working Americans. Among those who do qualify for FMLA leave, nearly half cannot afford to take time off without pay to provide care to loved ones.

The FMLA only applies to employers that meet certain criteria. A covered employer is a:

  • Private-sector employer, with 50 or more employees in 20 or more workweeks in the current or preceding calendar year, including a joint employer or successor in interest to a covered employer;
  • Public agency, including a local, state, or Federal government agency, regardless of the number of employees it employs; or
  • Public or private elementary or secondary school, regardless of the number of employees it employs.

Only eligible employees are entitled to take FMLA leave. An eligible employee is one who:

  • Works for a covered employer;
  • Has worked for the employer for at least 12 months;
  • Has at least 1,250 hours of service for the employer during the 12 month period immediately preceding the leave*;
  • Works at a location where the employer has at least 50 employees within 75 miles.
    *Special hours of service eligibility requirements apply to airline flight crew employees.
  • The 12 months of employment do not have to be consecutive. That means any time previously worked for the same employer (including seasonal work) could, in most cases, be used to meet the 12-month requirement.

SickBank enables workers to take up to 8 weeks of paid time off from work to recover from a serious illness, bond with a new child, care for a seriously ill family member, or address certain military personnel medical needs thus reducing the financial hardship associated with unpaid family leave.


  • Paid family leave is good for workers and their families. SickBank enables workers to take necessary time off to care for their families without undue financial burden.
  • Paid family leave is good for businesses. Access to paid family leave improves employee morale and retention. SickBank also levels the playing field for small businesses by providing a benefit often offered only to employees of large companies.
  • SickBank provides workers with up to 8 weeks of paid family and medical leave per year. Workers would be eligible for benefits following the birth of a child or placement of a child for adoption or foster care; to recover from the worker’s own serious health condition; to address certain military family situations; and to care for a spouse, domestic partner, child or parent with a serious health condition. SickBank does not discriminate as to what type of illness or leave workers can take. If the time is still available in your account it's yours to use.
  • Workers eligible for FMLA leave receive benefits of approximately 1/2 of their average daily income for each FMLA leave day claimed.
  • Workers would be covered regardless of the size of their employer. SickBank covers all workers, including part-time workers and gig workers. Per the Federal Statute, certain Employers are exempt from FMLA requirements, if these employers are willing to grant leave, SickBank will cover FMLA claims.
  • SickBank payments are administered by the SickBank.
  • The fund is paid out using funds paid in by employer and employee contributions. Associate employees contribute by small weekly payroll deductions of $5.00 weekly for 10 sick days per year or $10.00 weekly for 20 sick days per year. Full members contribute by depositing a minimum of one employer paid sick day to the SickBank in order to earn 20 annual paid sick days from SickBank.
  • SickBank Members have the security of the protections of FMLA with the added benefit of compensation from SickBank while on Family leave.

How it Works

  • Request FMLA leave from your Employer. In order to receive FMLA leave proof of need is required.
  • Submit FMLA leave claim through SickBank just as you would for Sick Leave.
  • Since use of Employer provided Sick leave cannot be used for FMLA leave unless it is for your own illness, SickBank days are available immediately.
  • SickBank will confirm FMLA leave with your employer. Employees must meet eligibility requirements as described in The Family and Medical Leave Act.
  • Once approved, SickBank will pay 50% of your hourly pay per day distributed weekly on Thursday.
  • SickBank will withhold ½ hour of pay per day as a transaction fee.
  • Based on a full compliment of 20 available sick days from SickBank FMLA will be able to pay for up to 40 FMLA days per year.
  • If multiple claims for FMLA leave are required, there is a 30 days washout period between claims.