What Is the FMLA of 1993?

The FMLA (Family Medical Leeave Act) of 1993 dates back to the first term of the Clinton presidency. It was enacted on February 5, 1993, and is considered one of the most important aspects of employment law for workers desirous of balancing their work and family lives. The FMLA of 1993 contains several strict eligibility criteria that must be met before an individual may apply for benefits. Lawmakers sought to balance the needs of employees with the needs of employers, ensuring that business could continue as usual even if one or more key employees were not at their posts for prolonged periods of time. Read on to learn more about the function, eligibility and benefits mandated under the provisions of this historic act.

Function

The FMLA of 1993 allows eligible employees to request unpaid time off work to take care of familial obligations. These obligation include the birth of a child, a personal health condition that requires an extensive recovery period, the care of a family member who is suffering from a health condition and also the adoption of a child.

Time Frame

Under the provisions of the FMLA of 1993, an employee may apply for up to 12 weeks of unpaid time off. This time period is available once every 12 months. An employee may choose to take the 12 weeks all at one time or may break them up into smaller chunks. If an individual anticipates the need for applying for benefits under the FMLA, she should give her employer at least 30 days' notice.

Eligibility

In order to be eligible to apply for leave under the provisions of FMLA, an individual must work for a company that has at least 50 employees. Smaller employers are exempt from having to offer FMLA benefits. In addition, the employee must have been on the employer's payroll for a cumulative 12 months before he becomes eligible for FMLA benefits. During that 12 months period, the individual must have worked a total of at least 1,250 hours.

Benefits

An individual may apply for coverage under the FMLA of 1993 and, upon return to work, work in the same or a similar position that she held before she started her leave. The writers of the Act acknowledged that for some businesses it is not possible to keep a position open without coverage for a prolonged period of time. Therefore, it is acceptable for an employer to offer a comparable position as long as it is in the same pay grade as the employee's original job and carries the same level of responsibility.

Prevention/Solution

You may wonder how employers prevent abuse of the FMLA's provisions by workers who are simply looking for a day off in addition to vacation or sick time. Employers do have the right to request a medical certification from the attending physician outlining the relevant medical condition and prescribing the time off. Additionally, if the individual is taking any portion of the 12 weeks as medical leave, the employer may ask for occasional physician reports outlining progress and anticipated return date.

Considerations

Employers may ask an employee to start off his FMLA leave by first using any paid leave that has been accrued, such as vacation time, personal time and sick days. Even though paid time off is ordinarily separate from FMLA leave, it will get counted against the 12 weeks of time off. The employer will disclose this to the employee before the leave begins.

Resources

• OSHA Safety Regulations & Labor Law Guide