The Family Medical Leave Act (FMLA) is a U.S. federal law that gives eligible employees the right to take unpaid, job-protected leave for certain family and medical reasons, while continuing group health insurance coverage under the same terms as if they were still working.
Here’s what it consists of:
Key Provisions
- Leave Entitlement
- Up to 12 weeks of unpaid leave in a 12-month period for:
- Birth of a child and bonding time
- Adoption or foster care placement
- Caring for a spouse, child, or parent with a serious health condition
- The employee’s own serious health condition that makes them unable to perform job duties
- Certain qualifying needs related to a family member’s military service
- Up to 26 weeks of leave in a 12-month period to care for a covered servicemember with a serious injury or illness (Military Caregiver Leave).
- Up to 12 weeks of unpaid leave in a 12-month period for:
- Job Protection
- The employee must be restored to the same or an equivalent position (same pay, benefits, and working conditions) when they return from leave.
- Health Benefits
- Group health insurance must continue during leave as if the employee were actively working.
Eligibility Requirements
- Employee must have worked for the employer for at least 12 months.
- Must have 1,250 hours of service during the 12 months prior to the leave.
- Employer must have 50 or more employees within a 75-mile radius.
Employer Responsibilities
- Notify employees of their FMLA rights.
- Maintain accurate records.
- Reinstate employees after leave.
Employee Responsibilities
- Provide sufficient notice when foreseeable.
- Provide medical certification when requested.
