- The Family and Medical Leave Act was signed into effect on Aug.t 5, 1993. The act entitles employees with the right to take up to 12 weeks of unpaid leave within a 12-month period for specific family and medical purposes. The act protects the employee's position while away, ensuring their job placement upon return. In order to qualify for FMLA absence, you must be employed with your employer for at least one year and have worked a minimum of 1, 250 hours over the past 12 months. You employer must be a covered employer under the act, reside within the United States and have at least 50 employees.
- The Family and Medical Leave Act specifies the reasons that qualify for a covered leave. These unpaid leave reasons include child birth and maternity leave, adoption or foster care placement, caring for oneself, a spouse, child or parent who has been subjected to a serious health condition or illness, and exigencies related to an employee's spouse, child or parent who is on active duty or call with the military, National Guard or Reserves.
- Effective Jan. 16, 2009, the Family and Medical Leave Act was amended with the Final Rule Regulations. The Final Rule added two military leave entitlements to the act. The first rule added up to 12 weeks of leave entitlement for "qualifying exigencies" that result from a military member being called into active duty or a receiving an impending notification of active duty status. The second addition entitles up to 26 weeks of leave within a 12-month period to care for recovering military members who have been injured while on active duty and in the line of duty. The time can be used intermittently or consecutively.
- The United States Department of Labor has defined serious health conditions under the Family and Medical Leave Act. The act defines serious health condition as an "illness, injury, impairment or physical or mental condition" that involves inpatient care or continuing health care treatment. Inpatient care is considered an overnight stay in a hospital, hospice or medical care facility that results in the inability to work, attend school or perform usual activities. Pregnancy, chronic health conditions involving periods of incapacity and restorative surgery also qualify under this definition.
- FMLA requires that employees inform their employers of their need for leave at least 30 days in advance for foreseeable incidents. If the incident is not foreseeable, the employee must inform their employer immediately thereafter. You are required to follow the application procedures that have been set forth by your employer. Additionally, you are required to provide information that supports your leave request. Depending on your situation, this information may include a physician's recommendation or orders, military documents or illness and disease orders, to name a few.
