Family and Medical Leave Act (FMLA)

Overview

The Family and Medical Leave Act (FMLA) is a federal law enacted in 1993, designed to help employees balance their work and family responsibilities by allowing them to take reasonable unpaid leave for certain family and medical reasons. The law applies to all public agencies, public and private elementary and secondary schools, and companies with 50 or more employees. The FMLA aims to promote the stability and economic security of families, as well as the nation’s involvement in the family-friendly practices of the workforce.

Key Provisions

Eligibility: Employees are eligible for FMLA leave if they have worked for their employer for at least 12 months, have logged at least 1,250 hours over the past 12 months, and work at a location where the company employs 50 or more employees within 75 miles.
Leave Entitlement: Eligible employees can take up to 12 weeks of unpaid leave in a 12-month period for the following reasons:
- Birth and care of a newborn child within one year of birth.
- Placement with the employee of a child for adoption or foster care, and to care for the newly placed child within one year of placement.
- To care for the employee’s spouse, child, or parent who has a serious health condition.
- A serious health condition that makes the employee unable to perform the essential functions of their job.
- Any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a military member on “covered active duty.”
Military Family Leave:
- Up to 26 weeks of leave during a single 12-month period to care for a covered service member with a serious injury or illness if the employee is the service member’s spouse, son, daughter, parent, or next of kin (military caregiver leave).
Job Protection: Upon return from FMLA leave, employees must be restored to their original job or an equivalent job with the same pay, benefits, and other employment terms.

Examples

Maternity Leave: An employee takes FMLA leave after the birth of her child to care for the newborn and recover from childbirth.
Adoption: An employee takes leave to handle matters related to the adoption and care for the newly adopted child.
Medical Treatment: An employee takes leave to undergo surgery and requires time off for recovery.
Military Exigency: An employee’s spouse is deployed overseas, and the employee takes leave to manage family affairs.

Frequently Asked Questions

1. Who is eligible for FMLA leave? Employees who have worked for their employer for at least 12 months and have clocked at least 1,250 hours during those 12 months are eligible. Additionally, the employer must employ 50 or more employees within a 75-mile radius.

2. What is a serious health condition under the FMLA? A serious health condition is an illness, injury, impairment, or physical or mental condition that involves inpatient care or continuing treatment by a healthcare provider.

3. Can FMLA leave be taken intermittently? Yes, in certain circumstances, FMLA leave can be taken intermittently or on a reduced leave schedule.

4. Are employees paid during FMLA leave? No, FMLA leave is unpaid. However, employers may require employees to use accrued paid leave, such as vacation or sick leave, concurrently with FMLA leave.

5. How does FMLA protect an employee’s job? Employees are entitled to return to their original job or an equivalent position with equal pay, benefits, and employment terms.

Parental Leave: Leave granted to either parent to care for their newborn or newly adopted child.
Sick Leave: Paid or unpaid leave for an employee to recover from their own illness.
ADA (Americans with Disabilities Act): ADA is a civil rights law that prohibits discrimination based on disability.
Short-Term Disability Leave: Paid leave provided to employees who are temporarily unable to work due to a medical condition.
Military Caregiver Leave: Specific FMLA leave designed for the care of family members injured due to military service.

Online Resources

Suggested Books for Further Studies

“The Essential Guide to Family & Medical Leave” by Lisa Guerin, J.D.
“The FMLA Handbook: A Plain-Language Guide to the Family and Medical Leave Act” by Michael J. Eastman
“Employment Law: A Guide to Hiring, Managing, and Firing for Employers and Employees” by Lori B. Rassas

Fundamentals of Family and Medical Leave Act (FMLA): Employment Law Basics Quiz

### Which federal department administers the FMLA? - [ ] Department of Health and Human Services - [x] Department of Labor - [ ] Department of Justice - [ ] Department of Education > **Explanation:** The FMLA is administered by the U.S. Department of Labor, specifically the agency responsible for enforcing labor laws and standards. ### What is the minimum number of employees an employer must have for the FMLA to apply? - [ ] 25 - [ ] 10 - [ ] 100 - [x] 50 > **Explanation:** The FMLA applies to employers with at least 50 employees within a 75-mile radius. ### How many weeks of unpaid leave does the FMLA allow for eligible employees? - [ ] 6 weeks - [x] 12 weeks - [ ] 18 weeks - [ ] 24 weeks > **Explanation:** Eligible employees are entitled to take up to 12 weeks of unpaid leave under the FMLA in a 12-month period for qualifying reasons. ### Can FMLA leave be taken on an intermittent basis? - [x] Yes, under certain conditions. - [ ] No, it must be continuous. - [ ] Only for medical leave. - [ ] Only for family leave. > **Explanation:** FMLA leave can be taken intermittently or on a reduced leave schedule when medically necessary and with the employer's agreement. ### For FMLA eligibility, how many hours must an employee have worked in the past 12 months? - [ ] 500 hours - [x] 1,250 hours - [ ] 800 hours - [ ] 2,000 hours > **Explanation:** To be eligible for FMLA leave, an employee must have worked at least 1,250 hours during the 12 months prior to the start of the leave. ### What type of leave can an employee take to care for a newborn child? - [ ] Paid sick leave only - [x] FMLA leave - [ ] Short-term disability leave only - [ ] Paid vacation leave only > **Explanation:** FMLA allows for job-protected unpaid leave to care for a newborn child, ensure family bonding, and handle post-birth medical issues. ### Which condition does NOT qualify for FMLA leave? - [x] Routine dental checkups - [ ] Adoption of a child - [ ] Spouse undergoing surgery - [ ] Birth of an employee’s child > **Explanation:** Routine dental checkups typically do not qualify as a serious health condition under FMLA guidelines. FMLA leave is intended for more significant medical and family events. ### How long is the leave period for military caregiver leave under FMLA? - [x] 26 weeks - [ ] 12 weeks - [ ] 8 weeks - [ ] 13 weeks > **Explanation:** FMLA provides up to 26 weeks of leave for military caregiver leave during a single 12-month period for care of a covered service member. ### Upon returning from FMLA leave, should an employee expect to get their original job back? - [x] Yes - [ ] No - [ ] Only if the position is still available - [ ] Only a similar position can be offered > **Explanation:** Employees on FMLA leave are generally entitled to return to their original job or an equivalent job with the same pay, benefits, and terms. ### What family member is NOT covered under FMLA for taking leave? - [ ] Parent - [ ] Spouse - [x] Cousin - [ ] Child > **Explanation:** FMLA leave covers taking care of a parent, spouse, or child with a serious health condition, but it does not include extended family members like cousins.

Thank you for exploring the Family and Medical Leave Act (FMLA). Delving into these quiz questions will fortify your understanding of this essential employment law!