Family and Medical Leave Act
Who does it apply to? What are its protections?
The Family and Medical Leave Act (FMLA) provides eligible employees employed by covered employers with unpaid, job protected leave for specific family and medical qualifying reasons. Eligible employees are entitled to take up to 12 workweeks of FMLA leave in a 12-month period for any qualifying reason. The qualifying reasons are:
- The birth of a child and bonding period with a newborn within one year of birth;
- The adoption and foster placement of child with the employee and the bonding period with the newly placed child within one year of adoption or placement;
- A serious health condition that makes the employee unable to perform the essential functions of his or her job;
- Time to care for the employee’s spouse, son, daughter, or parent who has a serious health condition;
- Any qualifying event requiring immediate action arising out of the fact that the employee’s spouse, son, daughter, or parent is a military member on covered active duty; or,
- Time to care for a covered servicemember with a serious injury or illness if the employee is the spouse, son, daughter, parent, or next of kin of the servicemember. (Military caregiver leave permits up to 26 workweeks of FMLA leave in a single 12-month period for an eligible employee.)
An eligible employee is one who works for a covered employer and (1) has worked for the employer for at least 12 months, (2) has worked at least 1250 hours for the employer, not counting absences from work, during the 12 month period immediately preceding the leave, and (3) works at a location where the employer has at least 50 employees with 75 miles.
A covered employer is a private sector employer or governmental agency including some schools. A private-sector employer with 50 or more employees over a period of 20 or more workweeks in the current or preceding calendar year is a covered employer. Counted employees include employees who are jointly employer by 2 or more employers. A governmental agency at the local, state, or federal level, regardless of the number of employees, is a covered employer. And public or private elementary or secondary schools, regardless of the number of employees, are considered covered employers.
Upon return from FMLA leave, the employer must restore the employee to his or her original job or to an equivalent job with equivalent pay, benefits, and other terms and conditions of employment.
Have a case specific question?
Contact Glavy Law for advice on the FMLA.
