FMLA – Family & Medical Leave

FMLA, Family Medical Leave Act

The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. Eligible employees are entitled to:

  • Twelve workweeks of leave in a 12-month period for:
    • the birth of a child and to care for the newborn child within one year of birth;
    • the placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;
    • to care for the employee’s spouse, child, or parent who has a serious health condition;
    • a serious health condition that makes the employee unable to perform the essential functions of his or her job;
    • any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty;” or
  • Twenty-six workweeks of leave during a single 12-month period to care for a covered servicemember with a serious injury or illness if the eligible employee is the servicemember’s spouse, son, daughter, parent, or next of kin (military caregiver leave).

FMLA (Family & Medical Leave)

The Family and Medical Leave Act (FMLA) provides certain employees with up to 12 weeks of unpaid, job-protected leave per year. It also requires that their group health benefits be maintained during the leave.

FMLA is designed to help employees balance their work and family responsibilities by allowing them to take reasonable unpaid leave for certain family and medical reasons. It also seeks to accommodate the legitimate interests of employers and promote equal employment opportunity for men and women.

FMLA applies to all public agencies, all public and private elementary and secondary schools, and companies with 50 or more employees. These employers must provide an eligible employee with up to 12 weeks of unpaid leave each year for any of the following reasons:

  • for the birth and care of the newborn child of an employee;
  • for placement with the employee of a child for adoption or foster care;
  • to care for an immediate family member (spouse, child, or parent) with a serious health condition; or
  • to take medical leave when the employee is unable to work because of a serious health condition.

Employees are eligible for leave if they have worked for their employer at least 12 months, at least 1,250 hours over the past 12 months, and work at a location where the company employs 50 or more employees within 75 miles. Whether an employee has worked the minimum 1,250 hours of service is determined according to FLSA principles for determining compensable hours or work.

Time taken off work due to pregnancy complications can be counted against the 12 weeks of family and medical leave.

A final rule effective on January 16, 2009, updates the FMLA regulations to implement new military family leave entitlements enacted under the National Defense Authorization Act for FY 2008.

Special rules apply to employees of local education agencies. The Department of Labor administers FMLA; however, the Office of Personnel Management (OPM) administers FMLA for most federal employees.

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DOL Web Pages on This Topic

Compliance Assistance: Family and Medical Leave Act (FMLA)
Links to various sources of information about FMLA.

Fact Sheet on FMLA
Covers the major requirements of FMLA and updates to the FMLA regulations.

FMLA Compliance Guide
Summarizes FMLA provisions and regulations and provides answers to the most frequently asked questions.

elaws FMLA Advisor
The FMLA Advisor provides information about employee eligibility under the law; including valid reasons for leave; employee/employer notification responsibilities; and employee rights and benefits.

The FMLA Poster
All covered employers are required to display and keep displayed a poster prepared by the Department of Labor summarizing the major provisions of the FMLA.

Laws & Regulations on This Topic

Regulations

29 CFR Part 825 The Family and Medical Leave Act

Employee Leave Entitlements: Reduced or intermittent leave to care for parent, other family member or service member

Family and Medical Leave Act – Wage and Hour Division (WHD) – U.S. …

Wage and Hour Division (WHD). Family and Medical Leave Act. FMLA. Overview. The FMLA entitles eligible employees of covered employers to take unpaid, …

FMLA (Family & Medical Leave) | United States Department of Labor

The Family and Medical Leave Act (FMLA) provides certain employees with up to 12 weeks of unpaid, job-protected leave per year. It also requires that their …

The Family and Medical Leave Act – Wage and Hour Division (WHD …

The Family and Medical Leave Act (“FMLA“) provides certain employees with up to … The substitution of accrued sick or family leave is limited by the employer’s …

[PDF]Fact Sheet #28: The Family and Medical Leave Act – United States …

The Family and Medical Leave Act (FMLA) entitles eligible employees of covered employers to take unpaid, job-protected leave for specified familyand medical …

[PDF]The Employee’s Guide to the Family and Medical Leave Act

https://www.dol.gov/whd/fmla/employeeguide.pdf

2 The Employee’s Guide to the Family and Medical Leave Act. Who Can UseFMLA Leave? In order to take FMLA leave, you must first work for a covered.

[PDF]Family and Medical Leave Act – United States Department of Labor

UNDER THE FAMILY AND MEDICAL LEAVE ACT … To bond with a child (leave must be taken within 1 year of the child’s birth or placement); … While employees are on FMLA leave, employers must continue health insurance coverage as if …