The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees of covered employers with unpaid, job-protected leave for specified family and medical reasons. For example, under the FMLA, eligible employees may take leave for their own serious health conditions, for the serious health conditions of family members, to bond with newborns or newly adopted children or for certain military family reasons.
In addition to providing eligible employees with an entitlement to leave, the FMLA requires that employers maintain employees’ health benefits during leave and restore employees to their same or equivalent job positions after leave ends. The FMLA also sets requirements for notices, by both the employee and the employer, and provides employers with the right to require certification of the need for FMLA leave in certain circumstances.
The FMLA is enforced by the Department of Labor’s (DOL) Wage and Hour Division
The FMLA applies to:
· Private-sector employers with 50 or more employees;
· Public agencies, including state and federal employers; and
· Local educational agencies.
An eligible employee is one who:
· Works for a covered employer;
· Has worked for the employer for at least 12 months;
· Has at least 1,250 hours of service for the employer during the 12-month period immediately before the FMLA leave; and
· Works at a location where the employer has at least 50 employees within a 75-mile radius.
Links And Resources
The DOL’s FMLA web page, which includes links to the DOL’s model FMLA forms
The DOL’s FMLA poster
The Employer’s Guide to the FMLA, a publication of the DOL’s Wage and Hour Division
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