Who Qualifies for Family Leave Act?

The Family and Medical Leave Act of 1993 protects employees who take an unpaid leave from work to deal with a serious illness, care for a sick family member or care for a new child.

Size

Companies with 50 or more employees are required to offer FMLA coverage. The employees must be located within 75 miles of the company's office.

Time Frame

An employee must have worked at least 12 months and 1,250 hours for the employer to qualify for FMLA. The 12 months do not have to be consecutive.

Considerations

An employee is required to give an employer 30 days notice of their plans to take a leave, according to FMLA regulations. If the worker fails to give this notice, the employer can delay the leave request for up to 30 days.

Features

A couple who work for the same employer are not allowed to use FMLA at the same time.

Benefits

The law provides unpaid, job-protected leave for up to 12 weeks each calendar year. The employee is guaranteed their job or a position with similar pay, benefits and responsibilities when they return to work.

References

• U.S. Labor Dept. Information on Family and Medical Leave Act
• FMLA Information from U.S. Office of Personnel Management
• Summary and FMLA Benefits and Who Receives Them