What Are FMLA Policies?

FMLA protects new mothers on maternity leave.

The Family and Medical Leave Act (FMLA) was established in 1993 by the Department of Labor's Employment Standards Administration, Wage and Hour Division. It offers job protection to employees needing time off to treat personal medical conditions or to assist an immediate family member needing health care services. FMLA grants eligible employees up to 12 weeks of unpaid leave, continued health benefits during an absence and the right to return to the same or equivalent job.

Employers Who Must Offer FMLA Protection

FMLA offers protection to all eligible private, state and government employees, as a well as some federal workers. Private, state and government companies that hire 50 or more employees are required to provide FMLA coverage. Employees working in these sectors are eligible after they work for an employer for 20 weeks or at least 1,250 hours over the course of 12 months.

Protected Amount of Leave

Through this act, an individual is granted up to 12 weeks of unpaid leave within a 12-month period. In 2009, the U.S. government added that eligible employees can take up to 26 weeks of leave in a 12-month timeframe to care for a U.S. service member who suffered an injury while on duty. While an employee takes leave, his employer cannot cancel his group health insurance coverage. Additionally, an employer cannot retaliate against an employee for exercising rights provided by FMLA.

Types of Leave Covered

In addition to recovering from a serious medical condition, FMLA coverage includes the birth of a child, the adoption of a child, foster parents receiving a new foster child and caring for an immediate family member who has a serious health condition. Immediate family members include a spouse, child or parent. An individual can exercise her FMLA rights intermittently during a 12-month period for occasions such as scheduled treatments or an unexpected injury.

Serious Health Condition Qualifications

Serious health conditions are those that cause three or more days of incapacitation, overnight hospitalization and incapacitations related to a pregnancy or a chronic illness requiring frequent visits to a physician. Additionally covered under FMLA is time off for treatment to prevent an employee's incapacitation. An employee can also exercise FMLA rights if she required inpatient treatment for substance abuse issues. However, a physician must refer the individual to a treatment facility. Substance abuse issues alone are not protected by FMLA.

References

• U.S. Department of Labor: Employee Rights and Responsibilities Under the Family and Medical Leave Act; January 2009
• Human Resource Executive: Relearning FMLA; Keisha-Ann G. Gray; January 2009
• U.S. Department of Labor: Family and Medical Leave Act
• U.S. Department of Labor: Fact Sheet #28: The Family and Medical Leave Act of 1993; February 2010