A Description of FMLA
The Family Medical Leave Act, more commonly known as FMLA, affords workers the right to take time off work to care for themselves or family members during a covered medical event or for certain other family reasons. The purpose of FMLA is to ensure workers can meet their family obligations without fear of losing their jobs or being otherwise affected by taking time off.
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History
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The FMLA was first enacted on Feb. 5, 1993. The purpose was to give workers the right to create a balance between their work lives and their home lives without fear of losing their jobs or other negative impacts on their employment. A 2008 expansion of the law extended benefits to workers who care for wounded servicemen and women. Additional military family expansions were made in 2010.
Significance
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Under FMLA law, workers are entitled to job protection and continued benefits both over the course of and after a qualifying FMLA leave. Workers are also entitled to return to their position or a comparable position when their leave time is over. The law specifies that a comparable position is one that is virtually identical in pay and work conditions.
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Qualifying Events
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While FMLA was designed to protect worker rights, it also contains certain aspects designed to protect the rights of employers. Workers who wish to take advantage of an FMLA leave must first meet certain criteria to ensure they do not exploit the employer. A leave is only eligible for FMLA if it meets certain requirements which make it a "qualifying event." Qualifying events include the birth or adoption of a child and the care of an employee's spouse, parent or child with a qualifying health condition.
Types of Leave
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Under FMLA, workers are entitled to up to 12 weeks of leave of the course of a revolving 12-month period. This leave may be taken on a continuous basis, where the worker uses all 12 weeks at once before returning to work, or it may be used on an intermittent basis. Intermittent leaves may occur when a worker shares care of a qualifying family member with another individual. Intermittent leaves may also be used to cover qualifying medical appointments for a family member who needs to be driven to appointments on a regular basis. A reduced-schedule leave would occur when an employee is only able to work a reduced number of hours.
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References
- Photo Credit birth of a baby image by Steve Lovegrove from Fotolia.com
