FMLA (Family and Medical Leave Act)

What Is the FMLA?

The Family and Medical Leave Act of 1993 is a federal statute administered by the U.S. Department of Labor that provides job-protected, unpaid leave for qualifying family and medical reasons. Covered employees retain their group health coverage during leave and must be restored to the same or an equivalent position upon return.

Eligibility Requirements

• The employer must have 50 or more employees within 75 miles of the worksite - The employee must have worked for the employer for at least 12 months - The employee must have worked at least 1,250 hours in the 12 months preceding leave - The leave reason must be a qualifying family or medical event

Qualifying Reasons for Leave

Employees may take up to 12 weeks of unpaid leave per 12-month period for:

• Birth or placement of a child for adoption or foster care - Caring for a spouse, child, or parent with a serious health condition - The employee's own serious health condition that prevents work - Qualifying exigencies arising from a family member's active military duty

Military caregiver leave allows up to 26 weeks in a single 12-month period to care for a covered service member with a serious injury or illness. Many states (California, New York, Massachusetts, Washington, and others) provide paid family and medical leave through state-administered insurance programs that supplement the unpaid federal FMLA right.