FAMILY MEDICAL LEAVE ACT (FMLA)

Standard

The FMLA applies to all public agencies and to private sector employers who employ 50 or more employees for at least 20 weeks in the current or proceeding calendar year. Covered employers must post a notice explaining employee’s rights and employer’s responsibilities under the FMLA. To be eligible for FMLA benefits, an employee must: 1) Work for a covered employer; 2) Have worked for the employer for a total of 12 months; 3) Have worked at least 1,250 hours over the previous 12 months; and 4) Work at a location where at least 50 employees are employed by the employer within 75 miles. Leave Entitlement: A covered employer must grand an eligible employee up to a total of 12 weeks of unpaid leave in a 12 month period for one or more of the following reasons: 1) The birth and care of a newborn child of the employee; 2) The placement of a son or daughter with the employee for adoption or foster care; 3) To care for a spouse, child or parent with a serious health condition; 4) To take medical leave when the employee is unable to work because of a serious health condition (including work related injuries); or 5) For “qualifying exigencies” arising out of the fact that the employee’s spouse, child or parent is on active duty or call to active duty status as a member of the National Guard or Reserves, or is a member of the regular military and is deployed to foreign ground. If insurance was provided to an employee before leave is taken, an employer is required to maintain group health insurance coverage for that employee during any FMLA leave. Upon return from FMLA leave, an employee must be restored to his or her original job, or to an equivalent job with equivalent pay, benefits, and other terms and conditions of employment.

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