Family Medical Leave Act (FMLA)
Family Medical Leave is leave granted to eligible employees which enables employees to take up to twelve work weeks for qualifying events. It provides for continuation of health care premiums when the employee has and wishes to continue health care coverage during the period of approved leave.
Basic Leave Entitlement: FMLA requires covered employers to provide up to 12 weeks of unpaid job protection leave to eligible employees for the following reasons:
- For incapacity due to pregnancy, prenatal medical care, or child birth;
- To care for the employee’s child after birth, or placement for adoption or foster care;
- To care for the employee’s spouse, son or daughter, or parent, who has a serious health condition; or
- For a serious health condition that makes the employee unable to perform the employee's job
Benefits and Protections
During FMLA leave, the employer must maintain the employee’s health coverage under any “group health plan” on the same terms as if the employee had continued to work. Upon return from FMLA leave, most employees must be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms. Use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of an employee’s leave.
Employees are eligible if they have worked for a covered employer for at least 12 months, have 1250 hours of service in previous 12 months, and if at least 50 employees are employed by the employer within 75 miles.