What Is the Family Leave Act?
When you or a family member becomes hurt or sick, performing the functions of your job may not be possible. To assist employees who need to take care of themselves or their family members because of a serious health condition or the addition of a child to the family, the Family Medical Leave Act (FMLA) allows a period of unpaid, job-protected leave.
Definition
The Family and Medical Leave Act (FMLA) allows certain employees to take up to 12 weeks of unpaid leave during which their jobs are protected and health benefits maintained. The FMLA was enacted to assist employees in achieving work-life balance and to promote equal opportunity provisions for both men and women.
Eligibility
According to the United States Department of Labor, all public agencies, public and private elementary and secondary schools and companies with 50 or more employees must follow the FMLA. The act also applies to joint employers. Employees who have worked for a covered employer for over 12 months, for at least 1,250 hours, in a location in the U.S. or any of its territories are eligible for coverage by the FMLA. The 12 months of employment do not need to be a consecutive 12 months; however, it must fall within a seven-year period unless the break was in fulfillment of service for the National Guard or Reserve military. Those who have a written agreement, including a collective bargaining agreement, from the employer stating the employer's intention to rehire the employee may also be eligible.
Uses
Under the FMLA, employees must grant 12 weeks unpaid leave for employees under the following circumstances: childbirth, adoption, foster care placement or care of an immediate family member (spouse, child or parent) with a serious health condition. Employees may also take advantage of the FMLA if the employee himself is unable to work as a result of a serious health condition. The act also covers qualifying situations resulting from an immediate family member on active duty.
Considerations
The term "serious health condition" is defined as a physical or mental condition that involves either inpatient care in a medical facility (or treatment following a period of inpatient care) or continuing treatment by a health-care provider. Continuing treatment includes periods of incapacity lasting more than three consecutive days, as well as those resulting from pregnancy or prenatal care, ongoing treatment for a chronic health condition, a permanent or long-term condition or multiple treatments for surgery or a condition that would last more than three days if not treated.
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