Family Medical Leave Act: Overview

October 07, 2008

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Family Medical Leave Act: Overview

by Laura Jana, M.D., F.A.A.P.
reviewed by Robert Needlman, M.D., F.A.A.P.

Many of us have heard of the Family Medical Leave Act (FMLA), but understanding what it is and how it actually benefits families is another matter. While employers who are affected by the FMLA are required to post information about eligibility and benefits in the workplace, you may also find the following summary useful:

How the FMLA can benefit you
If you are eligible to claim family leave according to the Family Medical Leave Act, and opt to do so, you will be guaranteed equivalent pay, benefits, and any other terms or conditions of your original employment upon your return to work.

There are a few circumstances in which your employer may not be obligated to return you to your original position--for example, if you are among the highest 10 percent of salaried employees in your company. (Please see the full text of the Family Medical Leave Act of 1993 for other exceptions.)

You should also know that while the FMLA ensures continuation of health insurance coverage, it is your responsibility while on leave to arrange for the payment of any premiums that were previously taken out of your paychecks.

Employer guidelines for the Family Medical Leave Act
FMLA benefits are available to families where at least one member works at a location in the United States, or in any territory or possession of the U.S., and is employed by

a public agency, including those at the local, state, and federal level and schools. In some instances, special rules may apply to school employees.

an employer who has at least 50 employees who are contracted to work for a minimum of 20 workweeks in the current or preceding calendar year.

Employee requirements for eligibility
To be eligible for FMLA benefits, you must

have worked at your job for at least 1,250 hours over the preceding 12 months;

have worked for your current employer for a total of at least 12 months.

Legitimate reasons for taking family leave
The FMLA requires that covered employers must, by law, offer qualified employees up to 12 unpaid workweeks during the course of any given year for one of several reasons:

Birth of a child--An employee who wants to take leave to care for the newborn can do so anytime during the first year; however, the leave must be completed before the child's first birthday. If an employee wants to take leave in blocks of time, instead of over 12 consecutive weeks, the timing is subject to the employer's approval.

Adoption or assuming foster care--An employee who adopts or assumes care of a foster child also qualifies for benefits. Leave must be taken within 12 months of the child's placement in the family. As with the birth of a child, an employee's ability to take leave in blocks of time is subject to the employer's approval.

Care of an ill family member--The FMLA applies to employees who have a child, parent, or spouse with a serious health condition that requires the employee's care. When medically necessary, family leave may be taken in blocks of time, instead of over the course of 12 consecutive weeks.

Serious health condition--An employee qualifies for medical leave if he or she has a serious health condition that makes him (or her) unable to work. When medically necessary, family leave may be taken in blocks of time, instead of over the course of 12 consecutive weeks.

In some instances, employees or employers may decide to apply sick days or vacation leave to cover some (or all) of the time spent on family leave.


RELATED INFORMATION

			Adoption
			Pregnancy Care
			Getting Good Care

Created July 25, 2001
Reviewed August 27, 2004

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