FMLA

FMLA stands for the Family and Medical Leave Act. Enacted in 1993 and administered by the U.S. Department of Labor, it provides eligible employees with up to 12 weeks of unpaid, job-protected leave in a 12-month period for certain family and medical reasons. It also allows up to 26 weeks of leave in a single 12-month period to care for a covered servicemember with a serious injury or illness. The act applies to public agencies, including local and state governments and public schools, and to private-sector employers with 50 or more employees within 75 miles of the work site. Leave may be taken full-time or intermittently with the employee’s or employer’s agreement, and health benefits must be maintained as if the employee remained active.

Eligibility requires: working for a covered employer; at least 12 months of service; at least 1,250 hours in the prior 12 months. The 12-month measurement period may be calculated by several methods chosen by the employer and applied consistently.

Qualifying reasons include birth or placement of a child; care for an immediate family member (spouse, child, or parent) with a serious health condition; or the employee’s own serious health condition. Military family leave includes qualifying exigency leave and, for caregiving, up to 26 weeks for a covered servicemember.

Benefits and procedures: employers may require medical certification and fitness-for-duty certification; advance notice for foreseeable events; health insurance continues under the same terms. Substitution of accrued paid leave may be allowed. On return, most employees must be restored to the same or an equivalent job, with no retaliation for taking FMLA leave.