An Overview of the Family and Medical Leave Act Fmla
The Family and Medical Leave Act (FMLA), a U.S. federal law, gives workers the right to take unpaid time off from their jobs in order to take care of family members who need their help, or to take care of themselves if they are seriously ill. The amount of time that workers can take off under FMLA is limited to 12 weeks in any 12-month period, unless the family member being cared for is in the military, in which case workers can take up to 26 weeks off.
- Who is eligible? *
Employees can take leave unpaid time off if they meet both of these conditions: (1) They work for an employer (either private-sector or government agency) who employed 50 or more employees in 20 or more work weeks in the current or preceding year, and (2) They have worked for that employer for at least 12 months, including at least 1,250 hours in the previous 12 months.
- When can workers take FMLA leave? *
Eligible employees can take time off to care for a newborn or newly-adopted baby, to care for a spouse, child, or parent with a serious health condition, or to care for themselves if they are unable to work because of a serious health condition. There are also special provisions for workers who have a spouse, child, or parent in the military.
- What rights does the worker retain while on leave? *
Although a leave taken under FMLA is unpaid, workers retain several important rights.
If the worker was getting group health insurance through his employer before taking the leave, then the employer must continue the coverage while the worker is on leave.
The worker has the right to get her job back after returning from the leave, or if that's not possible, to get a job that would be equivalent to her old job in terms of pay, benefits, and other conditions.
- More information *
This is just a brief overview of the provisions of the FMLA. For more information, see the references below.
- References *
U.S. Department of Labor, Wage and Hour Division:Family and Medical Leave Act- This page provides an overview of the law and links for more information.
U.S. Department of Labor, Wage and Hour Division:The FMLA Poster (PDF)- This is the poster that covered employers are required to post in their workplaces. The poster gives a summary of the major provisions of the Family and Medical Leave Act, and it tells employees how to file complaints.
U.S. Department of Labor, Wage and Hour Division:Fact Sheet #28: The Family and Medical Leave Act of 1993- This fact sheet contains greater detail about eligibility
