FMLA in AZ: What Arizona Employers Need to Know for Compliance
If you’re searching for FMLA in AZ, you’re likely trying to confirm who qualifies, what leave is protected, how to administer it, and—most commonly—whether FMLA is paid in Arizona. This guide from SwiftSDS explains how the federal Family and Medical Leave Act (FMLA) applies to Arizona workplaces, how it interacts with Arizona-specific leave requirements, and the steps HR teams should follow to stay compliant.
What law governs “Arizona FMLA laws”?
FMLA in Arizona is primarily federal law
Despite the phrase “Arizona FMLA laws,” Arizona does not have a separate, statewide FMLA statute that replaces federal requirements for private employers. Instead, FMLA in AZ is governed by the federal Family and Medical Leave Act of 1993, administered by the U.S. Department of Labor (Wage and Hour Division).
Key federal authority includes:
- 29 U.S.C. § 2601 et seq. (the FMLA statute)
- 29 C.F.R. Part 825 (the primary FMLA regulations)
For broader workplace protections that often intersect with leave and accommodations, see SwiftSDS’s overview of 5 rights of workers.
Who is covered under the Family Medical Leave Act (Arizona)?
Covered employers (Arizona)
An Arizona employer is generally covered by FMLA if it is:
- A private employer with 50 or more employees in 20 or more workweeks in the current or preceding calendar year, and
- The employee works at, or reports to, a worksite where the employer has 50 employees within 75 miles
(See 29 C.F.R. § 825.104 and § 825.110.)
Public agencies and public/private elementary and secondary schools are covered regardless of headcount.
Eligible employees
An employee is eligible if they:
- Have worked for the employer for at least 12 months (not necessarily consecutive)
- Have worked at least 1,250 hours during the 12 months immediately before leave begins
- Work at a location meeting the 50 employees within 75 miles rule
(See 29 C.F.R. § 825.110.)
Are contractors eligible for FMLA?
Generally, independent contractors are not eligible because FMLA applies to “employees” as defined under federal law. For common classification and eligibility scenarios, see are contractors eligible for fmla.
How does FMLA work in AZ? (Leave reasons, duration, and protections)
Qualifying reasons for leave
Under federal FMLA, eligible Arizona employees may take job-protected leave for:
- The birth of a child and bonding
- Placement of a child for adoption or foster care and bonding
- Caring for a spouse, child, or parent with a serious health condition
- The employee’s own serious health condition
- Certain qualifying exigencies related to a family member’s covered military service
(See 29 C.F.R. §§ 825.112–825.126.)
Amount of leave: 12 weeks (and sometimes 26)
FMLA provides:
- Up to 12 workweeks of unpaid, job-protected leave in a 12-month period for most qualifying reasons
- Up to 26 workweeks in a single 12-month period to care for a covered servicemember with a serious injury/illness (military caregiver leave)
(See 29 C.F.R. § 825.200 and § 825.127.)
Intermittent leave and reduced schedules
FMLA can be taken intermittently or on a reduced schedule when medically necessary (and in limited bonding situations if the employer agrees). Employers may require employees to make reasonable efforts to schedule planned medical treatment to minimize disruption.
(See 29 C.F.R. §§ 825.202–825.205.)
Job restoration and benefit continuation
FMLA requires:
- Restoration to the same or an equivalent position upon return (with limited exceptions, e.g., “key employees”)
- Continuation of group health benefits under the same conditions as if the employee had not taken leave
(See 29 C.F.R. §§ 825.214–825.219.)
Because leave administration often overlaps with disability accommodation duties, it’s helpful to align your processes with ADA practices; SwiftSDS has guidance on ada hr and commonly used ada forms for employers.
Is FMLA paid in Arizona?
FMLA itself is unpaid
The direct answer to “is FMLA paid in Arizona?” is: No—FMLA is generally unpaid. FMLA is a job-protection and benefits-continuation law, not a wage-replacement program.
When pay may apply anyway
Employees may still receive pay during FMLA if:
- The employer requires or the employee elects to use accrued paid leave (vacation, PTO, or paid sick time) concurrently with FMLA, consistent with policy and legal rules
- The employee receives wage replacement through short-term disability (for the employee’s own serious health condition), if offered
- A state/local paid leave law or employer policy provides pay
Arizona does not have a statewide paid family leave program. However, Arizona employers must comply with paid sick time requirements under state law, which may run alongside FMLA in some cases. For details, see Arizona sick leave law.
Key compliance requirements for Arizona employers administering FMLA
1) Provide required notices (and keep documentation)
FMLA administration typically involves these required steps:
- General notice (poster) and/or handbook distribution requirements under FMLA rules
- Eligibility notice and rights & responsibilities notice after the employer learns leave may be FMLA-qualifying
- Designation notice once enough information is received to determine if the leave is FMLA-protected
(See 29 C.F.R. § 825.300.)
If you manage multiple worksites, also review SwiftSDS guidance on Federal (United States) Posting Requirements to ensure your required federal notices are current and properly displayed.
2) Use medical certification correctly
Employers may require medical certification for serious health conditions and should follow the timing, content, and recertification rules. Use consistent forms and processes, and ensure confidentiality of medical information.
(See 29 C.F.R. §§ 825.305–825.308.)
3) Maintain records
FMLA requires recordkeeping similar in length to many wage/hour requirements (generally three years), including dates of leave, hours taken, notices given, and documents describing employee benefits and policies.
(See 29 C.F.R. § 825.500.)
Because FMLA often touches wage/hour administration (tracking time, leave increments, pay substitution), confirm you’re also meeting federal wage posting and compliance obligations, including the Employee Rights Under the Fair Labor Standards Act notice.
4) Avoid interference and retaliation risks
FMLA prohibits:
- Interference with an employee’s FMLA rights
- Retaliation for requesting or using FMLA leave
(See 29 C.F.R. § 825.220.)
This intersects with broader equal employment opportunity compliance. For a high-level refresher on EEO principles in the workplace, see as it pertains to employment opportunity the eeo strives to.
How FMLA interacts with Arizona leave and accommodations
Run FMLA concurrently when appropriate
If an absence qualifies under FMLA and also qualifies under an employer’s PTO/sick leave policy or Arizona paid sick time, employers often designate FMLA so that the leaves run concurrently (when legally permitted). This prevents unintentional “leave stacking” and helps keep leave banks and job protection rules clear.
Coordinate with ADA accommodations
When an employee exhausts 12 weeks of FMLA, they may still be entitled to additional leave or schedule changes as a reasonable accommodation under the ADA (depending on the situation). That’s why HR teams often pair FMLA workflows with ADA documentation and an interactive process (see ada hr).
Quick compliance checklist: FMLA in AZ
- Confirm employer coverage (50+ employees / 20 workweeks)
- Confirm employee eligibility (12 months, 1,250 hours, 50 within 75 miles)
- Train managers to recognize FMLA triggers (any mention of hospitalization, ongoing treatment, pregnancy, etc.)
- Issue Eligibility + Rights/Responsibilities notices quickly
- Request certification and track deadlines
- Send Designation notice and track leave usage consistently
- Maintain health benefits, restore to equivalent job, document decisions
- Ensure required federal postings are displayed (see Federal (United States) Posting Requirements)
FAQ: Family Medical Leave Act Arizona
Is FMLA paid in Arizona?
No. FMLA is generally unpaid, but employees may use accrued PTO/sick time concurrently or receive wage replacement through employer-provided benefits like short-term disability.
How does FMLA work in AZ for intermittent leave?
If medically necessary for a serious health condition, FMLA may be taken intermittently or on a reduced schedule, and employers may require medical certification supporting the need (see 29 C.F.R. §§ 825.202–825.205).
Do small businesses in Arizona have to provide FMLA?
Usually no if they have fewer than 50 employees (and are not a public agency or covered school). However, they may still have obligations under other laws, including Arizona paid sick time and the ADA (depending on size and circumstances).
SwiftSDS helps employers maintain labor law compliance with clear guidance and up-to-date posting requirements. For additional context on federal posting obligations, visit the SwiftSDS Federal (United States) Posting Requirements page.