The Family Medical Leave Act, or FMLA, is a labor law requiring large business employers to protect employee's jobs in specific health and family situations. The law was signed by President Bill Clinton in 1993, and was later amended in 2009 by President George Bush. According to the American Association of University Women, 62 percent of workers qualify to take the FMLA leave. Nearly half the people taking FMLA leave do so to take care of their own health or illnesses.
Benefits
FMLA gives an employee up to 12 weeks of unpaid leave in a 12-month period. The employee is guaranteed the same position when returning to work. If the position is no longer available, a similar job that includes the same skill sets, benefits, responsibilities and pay must be established. All benefits must be reinstated when the employee returns to work.
Eligibility
The employee must live within a 75-mile driving radius of the job site. The employee must have worked for the company or business for a total amount of 12 months--the months do not have to be consecutive. A yearly requirement of 1,250 hours must be worked to qualify for FMLA.
Noneligibility
Short-term illness, routine checkups and health care appointments are not covered by FMLA. The law also does not provide time off to care for domestic partners, their family members or elderly relatives. However, some states such as California and Hawaii, have established additional and specific criteria including domestic partner and grandparent care coverage benefits.
Employer
To be eligible, the employee must work for a business or company with 50 or more employees. The 50-employee rule is not required for government or state offices, including schools and public agencies. A business with less than 50 employees can provide benefits at its own discretion.
Qualifying Circumstances
Several health-related incidents allow you to sign up for FMLA. The birth of a baby or the adoption of a child is a common reason people take leave. If a spouse or child has a serious health condition, a person may qualify for FMLA. A serious health condition is defined as incapacity of more than three full days. Medical treatment must be sought the first seven days of health problems. A follow-up visit must be requested by a health care provider within 30 days.
