FMLA Medical Leave Act of 1993
The Family and Medical Leave Act (FMLA) was passed in 1993 to grant qualifying employees the right to take up to 12 weeks off in any 12-month period in order to care for their own or a family member's medical condition, or to adopt a child. The U.S. Department of Labor oversees FMLA implementation.
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Qualifying Employees
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To qualify for leave under FMLA, an employee must have worked for a covered employer for at least 12 months, have worked at least 1,250 hours during those 12 months, and work for either a public-sector employer or a private-sector employer that employs at least 50 people within a 75-mile radius of the employee's worksite. Employees who do not meet these requirements are not eligible for FMLA leave, but may be eligible for other types of leave provided by their employers.
FMLA Leave
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An employer that employs at least 50 people within 75 miles of an employee's worksite must grant FMLA leave of at least 12 weeks within a 12-month period to a qualifying employee, as long as the employee is using it for one of the following reasons: to take care of the employee's or a family member's serious medical condition; to arrange for the birth or adoption of a child into the employee's immediate family; or to care for a family member who is a service member on active duty or who has been called to active duty.
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Intermittent Leave
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Employees covered by FMLA can take intermittent leave to care for a medical condition or the birth or adoption of a family member. The intermittent leave can be calculated in increments no smaller than one hour. The U.S. Department of Labor instructs employees and employers to work together to ensure an employee's intermittent FMLA leave doesn't disrupt the flow of work.
Service Member Eligibility
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In 2009, amendments to FMLA arising from the National Defense Authorization Act (NDAA) took effect. These amendments allow employees covered by FMLA to use their FMLA leave to attend to a "qualifying exigency" related to a family member's active military service or call to active military service. Qualifying exigencies include addressing issues that arise from a call to duty within seven calendar days, from a need to attend military events, from a need to arrange child care for a parent on duty, or from a need to make financial, legal or medical arrangements prior to leaving for duty.
Substitution of Paid Leave
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According to the U.S. Department of Labor, employees can choose or employers can require employees to take any paid leave, including vacation time, along with FMLA leave. The 12 weeks of FMLA leave can run concurrently with the paid leave.
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References
Resources
- Photo Credit medical tool image by JASON WINTER from Fotolia.com
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For my Business Law Classmates.
