The Family Medical Leave Act of 1993
The Family Medical Leave Act (FMLA) of 1993 was enacted to protect employees from losing their jobs if they need to take time off for specific medical reasons. The law allows an employee to take up to 12 unpaid weeks off in a 12-month period after the birth or adoption of a child, to care for a sick relative, or if a serious medical condition prevents the employee from performing his job duties.
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Eligibility
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Only employees who have worked for one year and at least 1,250 hours for their employer are eligible for family leave. The law also only applies to private businesses and public agencies that have employed at least 50 people for at least 20 workweeks.
Reasons for Leave
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The law grants leave for one or more of the following reasons: the birth or adoption of a child, to care for an immediate family member (spouse, son, daughter, or parent) with a serious health condition, or to take medical leave when the employee is unable to work because of a serious health condition. Such conditions are defined as any illness, injury, impairment, or physical or mental condition that involves either inpatient care or continuing treatment by a physician.
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Employee Requirements
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Employees must give 30 days notice whenever practicable before taking leave. Workers also must complete paperwork that allows the employer to determine whether the employee is eligible for leave under the law.
Employer Requirements
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Once an employee requests FMLA leave, her employer must supply notification that spells out the employee's rights under the law. After the employer receives employee paperwork and concludes that the leave being requested qualifies, the employer must notify the employee that her leave will be counted as an FMLA absence.
Enforcement
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No employer may interfere with, restrain, or deny any right guaranteed by FMLA. Employers also may not discharge or discipline employees for exercising their leave rights, or being involved in any FMLA proceeding. Complaints are investigated by the Wage and Hour Division of the U.S. Department of Labor, which can impose compliance by taking the employer to court.
Special Military Entitlements
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The National Defense Authorization Act (NDAA) of 2008 amended the FMLA to allow eligible employees to take up to 12 weeks of protected leave during any 12-month period for any "qualified exigency" or military call to active duty. Leave may also be taken if a spouse, son, daughter, or parent is called to active duty. The NDAA also allows FMLA-eligible employees to take up to 26 weeks of leave in a 12-month period to care for a qualified military family member with a serious injury or illness.
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References
Resources
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