Family and Medical Leave |
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The Family and Medical Leave Act (FMLA) provides a means for employees to balance their work and family responsibilities by taking unpaid leave for certain reasons. The FMLA provides an entitlement of up to twelve weeks of job-protected, unpaid leave during any 12-month period for the following reasons:
- Care of the employee's own serious health condition;*
- Care of an immediate family member (spouse, child, or parent) who has a serious health condition; or
- Birth and subsequent care of the employee's child, or placement for adoption or foster care of a child with the employee ("maternity" or "paternity" leave).
- Other laws, including the District of Columbia's FMLA, may permit an employee to take family or medical leave beyond 12 weeks. If an employee was receiving group health benefits when leave began, an employer must maintain them at the same level and in the same manner during periods of FMLA leave as if the employee had continued to work. Usually, an employee may elect (or the employer may require) the use of any accrued paid leave (vacation, sick, personal, etc.) for periods of unpaid FMLA leave.
Employers Covered by the FMLA
Under the FMLA, any state, local, or federal government agency or any private business that engages in interstate commerce and employs 50+ employees must provide FMLA leave to eligible employees. Some state laws provide expanded family and medical leave to include smaller employers.
Employees Covered by the FMLA
In order to qualify for FMLA leave, an employee must work for a covered employer for at least 12 months prior to the need for leave. Additionally, the employee must have completed a minimum of 1,250 hours during the 12 months prior to the leave. The employee must be at a worksite in the United States in which the employer has at least 50 employees within a 75 mile radius. Again, individual state laws may cover more employees or grant more leave time than the FMLA.
What the FMLA provides:
For an eligible employee, the FMLA allows unpaid leave for a period of 12 weeks in any 12 month period. Depending on the employer, the leave may be unpaid or combined with accrued paid leave, such as vacation or sick leave. An employee who returns to work following a period of family or medical leave is entitled to be restored to the same or an equivalent job (defined as one with equivalent pay, benefits, responsibilities, etc.), with the same benefits at the same levels as existed when leave began. Some states do allow more unpaid leave time, and the District of Columbia allows 16 weeks of unpaid leave.
Under the FMLA, employers are prohibited from discriminating against or interfering with an employee because that employee has requested or taken family or medical leave. An employer may not terminate, demote, deny a promotion to, transfer, or refuse to put an employee back in the same or an equivalent job because that employee has requested or taken family or medical leave.
Katz, Marshall & Banks attorneys have advised scores of employees about their rights under the FMLA, and have assisted employees in securing the leave and job restoration to which they are entitled.
* A "serious health condition" is defined as an illness, injury, impairment, or condition that may involve: hospital care; absence from work, plus continuing treatment; pregnancy; treatment for a chronic condition; permanent long-term supervision; or multiple treatments.
