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Family and Medical Leave Act
The Family and Medical Leave Act (FMLA) is designed to provide employees temporary job
security when faced with certain health-related care responsibilities that preclude them from
working. The FMLA compels employers who employ 50 or more employees to grant qualifying
employees up to 12 weeks of unpaid leave for:
- Birth and care of the employee's child, or placement for adoption or foster care of a child with
the employee;
- Care of an immediate family member (spouse, child, parent) who has a serious health
condition; or
- Care of the employee's own serious health condition.
For an employee to be eligible for FMLA, they must (1) have worked at least 12 months (which
do not have to be consecutive) for the employer and (2) have worked at least 1,250 hours during
the 12 months immediately before the date FMLA leave begins.
Congress recently amended the FMLA in an effort to protect the families of our Armed Service
men and women. The new provisions of the FMLA, included in the National Defense
Authorization Act (NDAA), require an employer to provide up to 26 weeks of unpaid leave to the
spouse, son, daughter, parent, or next of kin to care for a “member of the Armed Forces,
including a member of the National Guard or Reserves, who is undergoing medical treatment,
recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary
disability retired list, for a serious injury or illness.
As with most employment laws, the FMLA can quickly become difficult to navigate, especially
when an employee insists on testing its limits. Be careful when wading into FMLA waters.
When in doubt, get help.
Also, some states have enacted laws similar FMLA. Make sure you are complying with any
state FMLA laws when making employment decisions. To see which states have specific FMLA-
type laws, click here.
The Family and Medical Leave Act (FMLA) is designed to provide employees temporary job
security when faced with certain health-related care responsibilities that preclude them from
working. The FMLA compels employers who employ 50 or more employees to grant qualifying
employees up to 12 weeks of unpaid leave for:
- Birth and care of the employee's child, or placement for adoption or foster care of a child with
the employee;
- Care of an immediate family member (spouse, child, parent) who has a serious health
condition; or
- Care of the employee's own serious health condition.
For an employee to be eligible for FMLA, they must (1) have worked at least 12 months (which
do not have to be consecutive) for the employer and (2) have worked at least 1,250 hours during
the 12 months immediately before the date FMLA leave begins.
Congress recently amended the FMLA in an effort to protect the families of our Armed Service
men and women. The new provisions of the FMLA, included in the National Defense
Authorization Act (NDAA), require an employer to provide up to 26 weeks of unpaid leave to the
spouse, son, daughter, parent, or next of kin to care for a “member of the Armed Forces,
including a member of the National Guard or Reserves, who is undergoing medical treatment,
recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary
disability retired list, for a serious injury or illness.
As with most employment laws, the FMLA can quickly become difficult to navigate, especially
when an employee insists on testing its limits. Be careful when wading into FMLA waters.
When in doubt, get help.
Also, some states have enacted laws similar FMLA. Make sure you are complying with any
state FMLA laws when making employment decisions. To see which states have specific FMLA-
type laws, click here.
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If you do not find the answer to your question through this summaries or links below, feel
free to contact us with your question. We'll do our best to help you find the answer you are
looking for.
free to contact us with your question. We'll do our best to help you find the answer you are
looking for.
Disclaimer
This site is not intended to constitute legal advice and should not be relied upon as such. Additionally, no
attorney-client relationship has been created by your visiting and reading this site. Please consult a legal
professional before taking any action you believe may result in liability or litigation. Nothing on this site creates
an express or implied contract. While efforts are made to present only accurate and current information, laws
can and do change and interpretations vary among jurisdictions, so all information is presented on an “as-is”
basis. This site is for informational purposes only.
This site is not intended to constitute legal advice and should not be relied upon as such. Additionally, no
attorney-client relationship has been created by your visiting and reading this site. Please consult a legal
professional before taking any action you believe may result in liability or litigation. Nothing on this site creates
an express or implied contract. While efforts are made to present only accurate and current information, laws
can and do change and interpretations vary among jurisdictions, so all information is presented on an “as-is”
basis. This site is for informational purposes only.
State Family and Medical Leave Laws:
Eleven states have enacted their own version of family and/or medical leave laws. Below are
links to sites discussing the laws of each state:
Eleven states have enacted their own version of family and/or medical leave laws. Below are
links to sites discussing the laws of each state:
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