Family and Medical Leave Act (Part 1)

This article, the first in a series of three, discusses the fundamental components of the Family and Medical Leave Act (FMLA) of 1993. Part 2 will define must-know FMLA terminology and Part 3 will explore the Act's relationship with other laws.

The Family and Medical Leave Act (FMLA) of 1993 is a federal law designed to help employees balance their work responsibilities with family and medical needs. When certain requirements are met, workers may take up to 12 weeks of unpaid leave with guaranteed health benefits and job restoration.

Eligibility

• Organizations are subject to the FMLA if they are a:
  • Private sector employer with 50 or more employees; or
  • A public or government agency of any size.

• Employees are covered by the FMLA if they:
  • Have been employed by your company for at least 12 months;
  • Have worked at least 1250 hours during the previous 12 months;
  • Work within 75 miles of a work site that employs 50 or more employees; and
  • Have not depleted the 12 weeks allowable under the FMLA during the last 12 months.

• Types of leave that are covered by the FMLA are:
  • The birth and care of an employee's child;
  • The placement of an adoptive or foster child in the employee's home;
  • The employee's own serious health condition; and
  • The serious health condition of an immediate family member.

FMLA Period Calculations

• The employer has four options with regard to determining the 12-month period:
  • The calendar year;
  • Any 12-month "leave year," such as one based on the employee's anniversary date or the company's fiscal year;
  • The 12-month period measured forward from the date that the employee's first FMLA began; or
  • A "rolling" 12-month period measured backward from the date the employee uses FMLA leave.
  
  
• The number of leave hours in the 12-week period depends upon the employee's status:
  • Full-timers are eligible for 480 hours of FMLA leave (12 weeks at 40 hours per week).
  • Part-timers are eligible for a prorated amount of time off based on their number of weekly scheduled hours.

Married Employees

If both spouses are employed by your organization, they may be limited to a combined total of 12 weeks if the leave is due to the birth or placement of a child or the serious health condition of a parent.

Notice Required by Employee

In order to qualify for leave, the employee must provide at least 30 days' advance notice, whenever possible. Furthermore, when the absence is foreseeable, he or she is required to "make a reasonable effort to schedule the treatment so as not to disrupt unduly" the operations of your business.

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