If you meet eligibility criteria, you may be entitled to use family-friendly leave that lets you take time off not only to tend to the newest member of your family, but also to take care of yourself or a close family member when a serious illness arises without losing your existing benefits. The federal Family and Medical Leave Act of 1993, signed by President William Jefferson Clinton, is milestone legislation, as it allows those who are considered "eligible employees" to take up to 12 weeks of leave each year with the guarantee that their jobs will be waiting upon their return to the workplace.
Why You Can Take Leave
The Family & Medical Leave Act (FMLA) establishes very specific reasons for which you can take unpaid leave. You can take off work for up to 12 weeks, consecutively or intermittently, during each 12-month period after the birth of your child or the arrival of an adopted or foster child. You may also use your leave to care for yourself or a spouse, child or parent if you or your loved one has a serious health condition. In January 2009, the Department of Labor reported that FMLA was revised to extend the period of leave to 26 weeks each year for caretakers of a covered member of the military recovering from an injury or illness that happened during the course of active duty.
Employer Requirements
Only certain types of employers must adhere to the provisions of the FMLA. These include companies that employ 50 or more people. Part-time employees, leased and continent workers, and employees currently on leave who are expected to return are counted; however, those working outside of the United States are not. Also, the FMLA applies to all public agencies and public and private elementary and secondary schools, regardless of the number of employees.
Assessing Your Eligibility
As an employee, you must also meet certain requirements to exercise your right to take unpaid leave under the FMLA. You must have been at your workplace for a full year, having worked for at least 1,250 hours during this period of time. If your company employs 50 or more employees, you must live within 75 miles of your work site.
How to Use Your Leave
The FMLA requires you to inform your employer as soon as possible if you need to take family or medical leave. If you expect the arrival of a child, you must provide your employer with no less than 30 days notice before you intend to take off work. However, if you need to take leave sooner--for example, if a baby arrives earlier than anticipated or you or a family member suddenly becomes critically ill--you are required to give your employer notice as soon as practicable.
Exemptions
In most cases, the FMLA makes it necessary for an employer to give an employee who takes family leave his old job back or a commensurate position. However, certain exceptions apply to key employees who fall within the top 10 percent highest-paid in terms of salary, if the employee's absence from work would cause "grievous economic injury" to his employer.
Read More
The American Bar Association has provided a more comprehensive, plain-language interpretation of employer and employee rights and responsibilities under the FMLA. See Resources.
