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Family and Medical Leave Act (FMLA) is a federal law enacted in 1993 that provides eligible employees with job-protected leave for specific family and medical reasons. The act aims to balance the demands of the workplace with the needs of employees to attend to their own health conditions or those of their family members.
Under the FMLA, eligible employees are entitled to take up to 12 weeks of unpaid leave within a 12-month period. This leave can be taken for various reasons, including
Birth and care of a newborn child
Employees can take FMLA leave to bond with and care for a newborn child within one year of birth.
Adoption or foster care placement
Employees can take leave to bond with and care for a newly adopted or fostered child within one year of placement.
Serious health condition
Employees can take leave to address their own serious health condition that makes them unable to perform their job. This includes conditions requiring inpatient care, ongoing treatment, or chronic conditions that cause periodic incapacity.
Care for a family member with a serious health condition
Employees can take leave to care for a spouse, child, or parent with a serious health condition that requires their assistance.
Qualifying exigency
Employees with a spouse, child, or parent on active duty or called to active duty in the National Guard or Reserves can take leave for certain qualifying exigencies, such as attending military events or making childcare arrangements.
Military caregiver leave
Employees can take up to 26 weeks of leave in a single 12-month period to care for a covered service member with a serious injury or illness incurred in the line of duty.
To be eligible for FMLA leave, employees must work for a covered employer, which includes private sector employers with 50 or more employees, public agencies, and public or private elementary or secondary schools. Additionally, employees must have worked for the employer for at least 12 months and have worked at least 1,250 hours during the previous 12-month period.
During FMLA leave, employers must maintain the employee’s group health insurance coverage under the same terms as if the employee had not taken leave. Upon returning from leave, employees are entitled to be restored to their original position or an equivalent position with equivalent pay, benefits, and other employment terms.