FAMILY AND MEDICAL LEAVE ACT

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FAMILY AND MEDICAL LEAVE ACT OF 1993

The Family and Medical Leave Act of 1993 (FMLA) entitles eligible employees to take up to 12 weeks of unpaid, job-protected leave in a 12-month period for any of the following reasons:

for the birth and care of a newborn child of the employee;
for the adoption or foster placement of a child with the employee;
to care for a family member (spouse, child, or parent) with a serious health condition; or
for a serious health condition which leaves the employee unable to work.

Amendments to the FMLA pertaining to members of the Armed Forces were added and became effective January 16, 2009. Those changes permit a spouse, son, daughter, parent, or next of kin to take up to 26 weeks of leave to care for a member of the Armed Forces who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness.

EMPLOYERS

FMLA applies to all public agencies, including state, local and federal employers, local education agencies (schools), and private-sector employers who employ 50 or more employees in 20 or more weeks.

EMPLOYEES

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 (12 months does not need to be consecutive); 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.

ENFORCEMENT

The Wage and Hour Division investigates complaints. If violations cannot be satisfactorily resolved, the U.S. Department of Labor may bring action in court to compel compliance. Individuals may also be able to bring a private civil action against an employer for violations.

FURTHER INFORMATION

For further information see the U.S. Department of Labor’s overview of the FMLA at http://www.dol.gov/esa/whd/fmla, and an FMLA fact sheet at http://www.dol.gov/esa/whd/regs/compliance/whdfs28.pdf.

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SOURCE: U.S. Dept. of Labor
PREPARED BY: 211/rj
CONTENT LAST REVIEWED: March2009