FAMILY AND MEDICAL LEAVE ACT OF 1993

(29 USC Sec. 2601, 29 CFR Part 825)

leftlowerpic FAMILY AND MEDICAL LEAVE ACT OF 1993

The
FMLA provides that eligible employees of covered employers have a right
to take up to 12 weeks of job-protected leave in any 12-month period
for qualifying events without interference or restraint from their
employers. The FMLA also gives employees the right to file a complaint
with the Wage and Hour Division of the Department of Labor’s Employment
Standards Administration, file a private lawsuit under the Act (or
cause a complaint or lawsuit to be filed), and testify or cooperate in
other ways with an investigation or lawsuit without being fired or
discriminated against in any other manner.

The
FMLA applies to any employer in the private sector who engages in
commerce, or in any industry or activity affecting commerce, and who
has 50 or more employees each working day during at least 20 calendar
weeks in the current or preceding calendar year. The law covers all
public agencies (state and local governments) and local education
agencies (schools, whether public or private). These employers do not
need to meet the “50 employee” test. Title II of FMLA covers most
federal employees, who are subject to regulations issued by the Office
of Personnel Management.

To
be eligible for FMLA leave, an individual must (1) be employed by a
covered employer and work at a worksite within 75 miles of which that
employer employs at least 50 people; (2) have worked at least 12 months
(which do not have to be consecutive) for the employer; and (3) have
worked at least 1,250 hours during the 12 months immediately before the
date FMLA leave begins.

The
FMLA provides an entitlement of up to 12 weeks of job-protected, unpaid
leave during any 12-month period for the following reasons:

  1. Birth and care of the employee’s child, or placement for adoption or foster care of a child with the employee;
  2. Care of an immediate family member (spouse, child, parent) who has a serious health condition; or
  3. Care of the employee’s own serious health condition.

If
an employee was receiving group health benefits when leave began, an
employer must maintain them at the same level and in the same manner
during periods of FMLA leave as if the employee had continued to work.
Usually, an employee may elect (or the employer may require) the use of
any accrued paid leave (vacation, sick, personal, etc.) for periods of
unpaid FMLA leave.

Employers
are required to post a notice for employees outlining the basic
provisions of FMLA and are subject to a $100 civil money penalty per
offense for willfully failing to post such notice. Employers are
prohibited from discriminating against or interfering with employees
who take FMLA leave.

CLICK HERE FOR A FULL COPY OF THE FAMILY MEDICAL LEAVE ACT FINAL RULE AS NEWLY AMMENDED, NOV. 2008

 

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