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  • Family Medical Leave Act
Family Medical Leave Act Legal Example

THE FAMILY AND MEDICAL LEAVE ACT: EXTENDING COVERAGE TO MILITARY FAMILIES LEFT AT HOME © Government Publishing Office

Family Medical Leave Act legal definition: The Family Medical Leave Act (FMLA) is a 1993 federal job-protection law. The purpose of FMLA is to provide eligible employees with as many as 12 weeks of unpaid leave each year. While employees are required to give 30 days notice prior to taking leave, the law also provides for unforeseen circumstances. 

FMLA leave is permitted for:

  • A parent to bond with a child following an adoption or after giving birth
  • An employee to care for a spouse, child, or parent who has a serious health condition
  • When a serious health condition prevents an employee from being able to work
  • An employee or immediate family member is on covered active duty

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FMLA leave may be taken all at once or, in some cases, intermittently. Either way, in instances where FMLA leave is taken because of a serious health condition, a medical certification will likely be required by your employer prior to it being approved. Afterward, a fitness-for-duty certificate may be required before you are permitted to return to work.

However, in order to be eligible for FMLA an employee must:

  • Work for a covered employer
  • Have worked at least 1,250 hours in the 12 months prior to their leave
  • Work at a location that has 50 or more employees within a 75-mile radius
  • Have worked for their employer for at least one year

The Family Medical Leave Act also requires employers to continue maintaining group health benefits for the employee on leave. When an employee takes time off under FMLA, they are entitled to return to their same job, or one that:

  • Involves the same duties, work schedule, and general location
  • Offers the same benefits, pay, and other compensation
  • Requires the same or similar skills, effort, and education

It should be noted that FMLA permits employers to require their employees to exhaust all available paid time off as part of their leave. It also allows employees to elect to use any accrued time off as part of their leave. 

Sources: https://www.dol.gov/whd/fmla/fmla-faqs.htm

 

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