Fmla Leave Act
The Family and Medical Leave Act (FMLA) is a federal labor law that requires most employers to give certain employees job protection and unpaid leave for specific actions. The FMLA became effective in 1993 under President Bill Clinton's first term, and although it has been amended several times, the major provisions remain unchanged.
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Qualification
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To be eligible to receive unpaid leave under the FMLA, an employee must work for a company that has at least 50 employees within a 75-mile radius and the employee must have worked for the company for at least one year.
Benefits Under the FMLA
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The FMLA provides employees with 12 weeks of unpaid leave for conditions such as the birth of a child, a major illness, or to care for an ill spouse or child.
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Guarantees Under the FMLA
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The FMLA guarantees an employee will be restored to her position upon her return to work and at the same pay rate. The employee is also guaranteed her benefits will resume once she returns to work.
Pregnancy
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Maternity leave is covered in the FMLA under the "serious health condition" provision, allowing a woman to take time off from work for prenatal and pregnancy care.
Nonqualifying Factors Under the FMLA
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Under the FMLA, employees are not permitted to take time off to care for a seriously ill domestic partner, or to recover from short-term illnesses or for routine medical care.
State Laws Enhancing FMLA Benefits
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While states are not permitted to provide less benefits than the FMLA provides, they are permitted to enhance employee-leave statutes to provide additional protections that exceed the provisions of the FMLA.
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References
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