The federal Family Medical Leave Act (FMLA) was passed by congress in 1993. FMLA guarantees that employees covered by the program are eligible to receive 12 weeks of unpaid leave time during a 12 month period under particular circumstances. A person must be having a baby, caring for a newborn, adopting or fostering a child, caring for a seriously ill family member or suffering a serious illness himself.
Final Rule
An Update to the FMLA known as a "Final Rule" became effective on January 16, 2009. The update was initiated to implement new FMLA provisions for military families. This final rule allows for an employee to take 26 weeks of unpaid leave when caring for an individual in the armed forces or National Guard. The provision allows for FMLA to be granted in the case of any qualifying exigency (as determined by the Secretary of Labor) when it arises for an employee who has a family member in the military.
Employee Requirements
To obtain a leave under the Family Medical Leave Act, an employee must have worked for 12 or more months with a company (these months do not have to be consecutive) and have logged 1,250 or more hours. The employee must provide 30 days notice unless the reason for the FMLA occurs due to an emergency. An employee may not take FMLA for ordinary illnesses but only for those which make it impossible for her to perform the functions of her job.
Employer Requirements
The Family Medical Leave Act is only enforced when an employer has 50 or more employees within a 75 mile distance from the work site or if the business is a public agency (such as a private school). Employers who do fall under the FMLA act may ask for a medical certification if the leave is needed for a medical issue. The employer can delay a leave by 30 days if not given advance notice in cases where it is possible or if medical certification is not supplied. This delay time can be extended in particular cases when the certification is not forthcoming. An employer can also require medical certification that an employee is fit to return to work following a leave for personal medical reasons.
Employee Rights
An employee has the right to have his work benefits maintained while he is on leave as long as he is paying his portion. The employee does not have to take all the FMLA at the same time but can work on an intermittent basis. Upon return from FMLA, an employee is entitled to the same position at the same pay rate and with the same benefits.
Employer Posting
Employers who are bound by the FMLA must post a document of the details of the Family Medical Leave Act in the workplace. It must be positioned in a conspicuous area. The posting is required whether or not there are employees who are currently eligible to take such leave.
