During World War II, women entered the labor force to replace the men who joined the armed forces. Since 1950, the number of women entering the workforce has more than doubled, according to the New Hampshire Commission on the Status of Women. The Family and Medical Leave Act of 1993, FMLA, helps employees balance work and family responsibilities by providing a period of unpaid leave. If you qualify, you can take an unpaid leave of absence from your job without fear of being terminated.
Reasons
According to the U.S. Department of Labor, which enforces FMLA, you are eligible for 12 weeks of unpaid leave for one of the following reasons: the birth or adoption of a child; the placement of a foster child in your home, your inability to work due to a serious health condition; taking care of a spouse, child or parent with a serious health condition; or qualifying exigencies arising from your spouse, child or parent being called to active military duty. In addition, your employer must also grant a total of 26 weeks of unpaid leave if you need time off to care for a spouse, parent or child, who is injured while serving on active military duty.
Eligibility
You are eligible to take a leave if you work for a covered employer. The FMLA only applies to employers with more than 50 employees who live within a 75 mile radius of the business facility, according to the U.S. Department of Labor. You must have worked for your employer for at least a year. In addition, you must have worked at least 1,250 hours during the last year.
Restrictions
Barbara Kate Repa, a lawyer and journalist, describes in the book, "Your Rights in the Workplace," a number of restrictions that Congress applied to FMLA coverage. FMLA allows a company to exempt the highest-paid 10 percent of their employees, typically the managers, executives and leaders. School and university systems may prevent teachers and instructors from taking their leave before the end of a teaching period. Unless the leave is due to a personal medical problem, two spouses working for the same employer must combine their leave. Together, they may only take a total of twelve weeks off.
Time Frame
You can take your leave in one continuous period. However, the U.S. Department of Labor will allow you to take your leave intermittently--if you need separate blocks of time for a single, qualifying reason--or on a reduced leave schedule, which allows you to work fewer hours on a daily or weekly basis. However, if you take an intermittent leave for planned medical treatment, the Department of Labor requires that you make a reasonable effort to schedule treatments so they do not disrupt business operations. Taking an intermittent leave for the birth or adoption of a child or for foster placement requires employer approval.
Considerations
Most states have their own family and medical leave laws, according to Nihara Choudhri, a former corporate lawyer and family law attorney in the book, "Parent Savvy." Some state laws parallel the federal FMLA, while others provide better benefits or protections. For example, your state law may cover employers with fewer than 50 employees. In addition, Choudhri finds that many employers provide benefits beyond what the law requires.
References
- United States Department of Labor: Wage and Hour Division: Fact Sheet: The Family and Medical Leave Act of 1993
- United States Department of Labor: Wage and Hour Division: The Family Medical Leave Act of 1993
- New Hampshire: Commission on the Status of Women
- “Your Rights in the Workplace”; Barbara Kate Repa; 2007
- “Parent Savvy: Straight Answers to Your Family’s Financial, Legal & Practical Questions”; Nihara K. Choudhri, Esq.; 2005
