Who is covered under Family Medical Leave Act

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

  1. 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).
  2. 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.
  3. 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.

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