Solving your employment Problems

What is the Family and Medical Leave Act?

On Behalf of | Oct 11, 2023 | Employment law |

Balancing personal health and family obligations with work commitments can be daunting for many employees. Life’s unpredictability often means that workers need extended time off for various reasons, from personal health crises to pivotal family events.

The Family and Medical Leave Act (FMLA) bridges the gap between personal obligations and professional responsibilities. This act is a lifeline for many, ensuring they don’t have to choose between their job and their well-being or that of their loved ones.

Delving into the Details of FMLA

FMLA is a federal law that enables eligible employees to take up to 12 weeks of unpaid, job-protected leave within a 12-month period. This leave can be utilized for a variety of reasons:

  • The birth of a child and to care for the newborn during the first year
  • The adoption or foster care placement of a child and to care for the newly placed child within the first year
  • To care for a spouse, child or parent with a serious health condition
  • When the employee is unable to work due to their own serious health condition
  • Any qualifying situation arising from a family member’s active duty in the Armed Forces

One of the cornerstone benefits of FMLA is job protection. Upon return from FMLA leave, employees must be restored to their original job or an equivalent position with equal benefits, pay and other terms of employment.

When Does FMLA Apply?

Not every employee or employer falls under the protections of FMLA. For an employee to be eligible:

  • The employer must have at least 50 employees working within 75 miles of the employee’s worksite
  • The employee must have worked for the employer for at least 12 months
  • The employee must have logged at least 1,250 hours of service during the 12-month period immediately preceding the leave

Employees should know their rights regarding FMLA, and employers should do the same. When issues occur because of FMLA, working with someone familiar with these matters might be necessary.