Family and Medical Leave

The federal Family and Medical Leave Act (FMLA) is a law that allows certain employees to take extended time off for particular family or medical needs. Additional leave may be available through more generous state laws, collective-bargaining agreements or employer-provided leave programs. An employee rights lawyer can advise you of your particular entitlement to family or medical leave.

FMLA-Covered Employees

Not all employers are required to provide every employee with FMLA leave. Employers subject to the FMLA include:

• Federal, state and local governmental agencies
• Certain federal governmental units
• Private or public elementary or secondary schools
• Private businesses engaged in or affecting interstate commerce that employed at least 50 employees (including most part-time and most on leave) in 20 or more weeks in the current or prior calendar year

An employee of a covered employer is eligible for leave if he or she has worked for the employer at least 12 months and at least 1,250 hours in the 12 months before the leave; works in the United States, a US territory or a US possession; and works at a worksite with at least 50 employees within 75 miles.

FMLA Leave

An FMLA-covered employer must provide eligible employees with a maximum leave of 12 weeks. The leave may be unpaid or combined with employer-provided paid leave, such as vacation or sick leave.

The FMLA allows leave for:

• Birth, adoption or foster placement of a child
• Care of a spouse, parent, minor child or incompetent adult child with a serious health condition
• Your own serious health condition

Broadly speaking, a serious health condition is an illness, injury, impairment, or physical or mental condition that involves:

• Inpatient care and subsequent related treatment
• Incapacity requiring continuing treatment
• Pregnancy
• Treatment for a chronic illness, ongoing or episodic
• Permanent or long-term incapacity
• Multiple treatments

You may be required to provide advance notice or medical certification of your need for leave. An employer who provides health insurance is required to maintain your coverage while you are on leave.

State or local law, collective-bargaining agreements or employer-provided leave benefits may provide more generous family and medical leave benefits than the FMLA. However, none of these vehicles may reduce FMLA benefits.

Returning to Work

Under most circumstances, when you return from FMLA leave you are entitled to your former job or its equivalent with the same employment terms. However, different provisions apply to key employees who hold certain highly compensated salaried positions.

Conclusion

The FMLA, similar state laws, collective-bargaining agreement leave provisions and employer-provided leave benefits can be an immense help to people who have important family obligations or health problems, but who need to keep their jobs. An employment law attorney can help you understand your rights to employment leave and legal remedies if those rights are violated.

Copyright ©2009 FindLaw, a Thomson Business

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

Return to Main