Define FMLA
The Family and Medical Leave Act (FMLA) is governed by the United States Department of Labor to grant eligible employees 12 workweeks of unpaid leave during any 12-month period.
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Eligible Employees
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Eligible persons are employees who have been employed by the employer for at least 12 months, not necessarily consecutive, and have worked at least 1,250 hours. Teachers are an exception to this rule--they do not need 1,250 hours.
Employers' Rules
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Employers are subject to FMLA rules if they employ more than 50 employees within 75 miles of the worksite. All public agencies, such as schools, are required to provide FMLA. In addition, if the employer is not required to grant FMLA benefits, he must tell the new hire in writing within two business days. Otherwise, he must grant the FMLA.
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Reasons
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An eligible employee can take FMLA for the following: birth and care of a newborn child; for adoption of a child; for foster care; to care for a spouse, child or parent with a serious health condition; or to take medical leave for the employee's own health condition.
Military
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Immediate family members of armed forces personnel can take up to 26 workweeks to care for that armed services member who is undergoing medical treatment, recuperation, therapy or is in outpatient status.
Husband and Wife
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If the wife and husband both work for the same employer, they do not receive 12 weeks each. They get a total of 12 weeks between the two of them.
Less Than 50 Employees
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If the employer's staff drops to less than 50 employees during your FMLA leave, your employer cannot revoke your leave. If you were granted leave, you can keep it.
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References
- Photo Credit the teacher image by 26kot from Fotolia.com
