The Family Medical Leave Act, FMLA, provides up to 12 weeks of unpaid leave in any 12-month period to employees who qualify. The leave may be taken to care for the employee's medical condition, a employee's family member with a medical condition, for pregnancy or maternity leave, including adoption or foster placement, or to make domestic arrangements if the employee is a service member or related to a service member.
Benefits
FMLA provides qualified employees the right to take up to 12 weeks of unpaid leave in any 12-month period without losing their jobs. FMLA also requires that the employee's medical benefits remain in force throughout the leave. The Act applies to all public agencies and all private businesses who employ 50 or more workers for at least 20 weeks each calendar year.
Conditions
An employee whose employer is subject to FMLA may take FMLA leave only if the employee has worked for the employer for at least 12 months and has worked at least 1,250 hours during those 12 months, according to Women Work!. Also, according to the Department of Labor, an employee's leave is protected by FMLA only if the employee is leaving "for the birth and care of the newborn child of an employee; for placement with the employee of a child for adoption or foster care; to care for an immediate family member--spouse, child, or parent--with a serious health condition; or to take medical leave when the employee is unable to work because of a serious health condition." FMLA amendments also allow employees to take time off under FMLA to make family or medical arrangements for themselves, if they are service members, or for a family member who is a service member.
Intermittent Leave
Employees may take intermittent or reduced-schedule leave to care for a medical condition or a new child, including a newly adopted child or one in foster care, according to the Department of Labor. Employees who take intermittent leave may not be required to take more leave than necessary. Employers must record the leave in the smallest increments the business uses to track hours worked. Employees and employers are expected to work together to meet the employee's medical needs while still ensuring the employer's work is covered.
Paid Leave
Employees may choose, or employers may require, the taking of paid leave that runs concurrently with FMLA leave, according to the Department of Labor. Paid leave can include vacation time, sick leave or other types of paid time off. In this situation, the employee may be paid his vacation or sick leave pay for some of the 12 weeks allowed under FMLA, but is only guaranteed the preservation of his job for the 12 weeks allowed under FMLA. Employees and employers are expected to arrange paid leave according to the employer's policies for such leave.
Maintenance of Health Benefits
Employers subject to FMLA are required to maintain any group health insurance policy, including family coverage, for an employee who was covered before the employee's FMLA leave began. According to the Department of Labor, employees who take FMLA leave are still responsible for any insurance premium payments or co-pays, just as they are while they are working. An employer does not have to maintain health benefits for an employee who informs the employer she will not return to work, or who does not actually return after the 12 weeks of FMLA leave are up. However, an employee who does not return to work may still have the option to extend her medical benefits under COBRA.
