What is the FMLA Act?
The Family and Medical Leave Act (FMLA) grants employees 12 weeks unpaid medical leave within a 12-month period. The U.S. Department of Labor's Employment Standards Administration's Wage and Hour Division enforces the FMLA, which passed on Feb. 5, 1993.
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Eligibility
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To qualify, an employee must work for a covered private, state, local or federal government employer for a minimum 1,250 hours within 12 (not necessarily consecutive) months. The employee presents his employer with a 30-day notice; his employer may request a health care provider's written confirmation, obtained at the employee's expense.
Features
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Employees may request leave to seek personal medical attention or care for a seriously ill child, spouse or parent. Seriously ill individuals possess a debilitating physical or mental affliction which warrants ongoing treatment and restricts the employee's ability to perform daily activities.
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Additional Qualifications
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Pregnant women, new mothers and foster parents also qualify for leave. An employee can request up to 26 weeks to care for an immediate family member in the Armed Forces who sustains an injury or has been called to active duty.
Conclusion
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During his absence, the employee retains employer-provided group health insurance. When he returns to work, the employee resumes his former job or obtains a new position with comparable salary and benefits.
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