An Introduction to FMLA

What is FMLA?

The Family and Medical Leave Act of 1993 FMLA entitles eligible employees to take up to 12 weeks of unpaid, job-protected leain a 12-month period for specified family and medical reasons. The employer may elect to use the calendar year, a fixed 12-month leave or fiscal year, or a 12-month period prior to or after the commencement of leave as the 12-month period.

Source: U.S. Department of Labor, “Fact Sheet #28: The Family and Medical Leave Act of 1993”

According to the U.S. Department of Labor, The FMLA allows employees to balance their work and family life by taking reasonable unpaid leave for certain family and medical reasons. The FMLA seeks to accomplish these purposes in a manner that accommodates the legitimate interests of employers, and minimizes the potential for employment discrimination on the basis of gender, while promoting equal employment opportunity for men and women.

Source: U.S. Department of Labor, “Compliance Guide to the Family and Medical Leave Act”

Leave entitlement

Under the FMLA, an “eligible” employee may take up to 12 workweeks of leave during any 12-month period for one or more of the following reasons:

  • The birth of a child, and to care for the newborn child;
  • The placement of a child with the employee through adoption or foster care, and to care for the child;
  • To care for the employee’s spouse, son, daughter, or parent with a serious health condition; and
  • Because a serious health condition makes the employee unable to perform one or more of the essential functions of his or her job.

During FMLA leave, an employer must maintain the employee’s existing level of coverage under a group health plan. At the end of FMLA leave, an employer must take an employee back into the same or an
equivalent job.

Source: The U.S. Equal Employment Opportunity Commission

Employee Eligibility

To be eligible for FMLA benefits, an employee must:

  • work for a covered employer;
  • have worked for the employer for a total of 12 months;
  • have worked at least 1,250 hours over the previous 12 months; and
  • work at a location in the United States or in any territory or possession of the United States where at least 50 employees are employed by the employer within 75 miles

Source: U.S. Department of Labor, “Fact Sheet #28: The Family and Medical Leave Act of 1993”

For more information…

ERC will be hosting FMLA Basics, a practical and interactive overview of the fundamentals of the Family & Medical Leave Act. Topics covered in the session will include details on processing requests, obtaining medical certifications and second opinions, serious health conditions, and a basic discussion of navigating intermittent leaves. The workshop will be held on October 10th at the ERC Workplace Center in Mayfield Village, OH. Click here for more information or to register.

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3 Responses to An Introduction to FMLA

  1. Pingback: FMLA law Family Medical Leave Act update, Latest cases on FMLA Law : FMLA Law News Update Sept 25

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