Family Leave of Absence Act
The Family Medical Leave Act (FMLA) was drafted by The National Partnership for Families and made law in 1993. The act addresses the reality that both parents are likely to work and that women are usually the family caretakers, forced to choose between job and family. The FMLA requires employers to provide leave for employees who must address family medical issues, ensuring that both parents can participate equally in family life and that women are less likely to face employment discrimination.
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FMLA Leave
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The FMLA requires that employees are given up to 12 work weeks of unpaid leave during a one-year period for specific medical or family issues such as birth and care of a child, adoption of a child or placement of a foster child, serious illness of an immediate family member or serious illness that renders the employee unable to work. Immediate family members are spouses, children, parents, and next-of-kin - there is no requirement that family members live together. Employees cannot be terminated during leave covered by the act.
Eligible Employers
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The FMLA requires the participation of local and government agencies, the military, airline crews, schools and private employers that have 50 or more employees over a period of 20 or more work weeks.
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Eligible Employees
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Employees eligible for leave under the FMLA are those who have worked for at least 12 months with an employer of 50 or more employees in a 75-mile area; those whose work hours total a minimum of 1,250 during the previous year and those who are employed in the U.S. or its territories and possessions. Family members of armed forces personnel are also eligible for leave under the act.
Military Caregiver Leave
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The Military Family Leave Entitlements provide Military Caregiver Leave to cover family members of active military, National Guard and Reserve members. Eligible employees are spouses, children, parents and family members who are next-of-kin. Unpaid leave totaling 26 weeks in a 12-month period is granted to family members to care for active armed forces, National Guard and Reserve members who have a serious illness.
Qualifying Exigency Leave
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The Military Family Leave Entitlements also provide Qualifying Exigency Leave (QEL) which allows for 12 weeks of unpaid leave during a 12-month period for family members of reservists and National Guards who are active duty or who have received notice that they will be called for duty due to contingency operations. Qualifying exigencies include short notice deployment, military events, child care and other family issues.
Enforcement
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The Wage and Hour division of the U.S. Department of Labor enforces compliance with the FMLA. Employers cannot interfere with an employee's right to take leave under the FMLA. The Wage and Hour division receives complaints and takes court action when warranted. Employees also can pursue civil action.
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References
Resources
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