What Are the Qualifications for FMLA?

The government's FMLA protects workers who must tend to emergency family circumstances.

The Family Medical Leave Act (FMLA) allows employees to tend to emergency family circumstances without risking their jobs. According to the Department of Labor (DOL), FMLA allows employees to take "reasonable unpaid leave" for qualifying family and medical purposes. FMLA allows 12 weeks of leave per year in most cases. The act helps families of military personnel meet the extraordinary needs created by active duty. Employees with sick or vacation time may use that time for FMLA purposes.

Qualifying Employees

Workers can take unpaid leave for family purposes without losing their jobs. family image by redrex from Fotolia.com

Employees at private and public elementary and secondary schools, public agencies and companies with more than 50 employees are eligible for FMLA. According to the DOL, these employees must work for their employer at least 12 continuous months. The same employees must work at least 1,250 hours and must "work at a location where the company employs 50 or more employees within 75 miles."

Family Issues

Non-military employees may use FMLA to meet certain family situations. For example, an employee is guaranteed leave under FMLA to give birth and to care for a new baby. Fathers are entitled to FMLA time for a new baby as well. If an employee has an immediate family member who is seriously ill or if the employee is hospitalized for an extended period of time, he is covered under FMLA.

Military Family

Military personnel get special consideration under FMLA. military mannequin # 1 image by Kevin Chesson from Fotolia.com

Military families receive special consideration for FMLA. According to the DOL, Wage and Hour Division, the "National Defense Authorization Act of 2008 (NDAA), amended the FMLA." Qualifying employees are guaranteed job protection for 12 weeks in a 12-month period "for any 'qualifying exigency' arising out of the active duty or call to active duty status of a spouse, son, daughter or parent." The family member will use FMLA to care for a service member whose serious illness, injury or disability occurred in the line of duty. Families of National Guard and Reservists qualify for the amended FMLA to care for a service member who, according to the amendment, experiences "issues arising from a covered military member's short-notice deployment" and/or military ceremonies and other official events.

References

• United States Department of Labor: Family & Medical Leave
• U.S. Department of Labor Wage and Hour Division: The Family and Medical Leave Act Military Family Leave Entitlements