Family and Medical Leave Act (FMLA): Understanding FMLA Provisions and Requirements

August 25, 2024 4 min read Labor Law Human Resources FMLA Family Leave Medical Leave Employment Law US Law

A detailed overview of the Family and Medical Leave Act (FMLA), its provisions, requirements, historical context, and applicability.

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The Family and Medical Leave Act (FMLA) is a United States federal law enacted in 1993 that requires employers with 50 or more employees to provide eligible employees with up to 12 weeks of unpaid leave per year for certain family and medical reasons. The FMLA is administered by the U.S. Department of Labor’s Wage and Hour Division.

Key Provisions of the FMLA

Eligibility Criteria

To be eligible for FMLA leave, an employee must:

Have worked for the employer for at least 12 months.
Have worked at least 1,250 hours during the 12 months prior to the start of the leave.
Work at a location where the company employs 50 or more employees within a 75-mile radius.

Qualifying Reasons for FMLA Leave

The FMLA entitles eligible employees to take leave for the following reasons:

Birth and Care of a Newborn Child: Up to 12 weeks following the birth of a child.
Adoption or Foster Care Placement: Up to 12 weeks following the adoption or foster placement of a child.
Serious Health Condition of the Employee: When the employee is unable to perform the essential functions of their job due to a serious health condition.
Care for a Family Member with a Serious Health Condition: To care for the employee’s spouse, child, or parent with a serious health condition.
Military Family Leave: For qualifying exigencies arising out of the fact that the employee’s spouse, son, daughter, or parent is a military member on covered active duty, or to care for a covered servicemember with a serious injury or illness.

Duration of Leave

General Leave: Up to 12 weeks in a 12-month period.
Military Caregiver Leave: Up to 26 weeks of leave during a single 12-month period to care for a covered servicemember with a serious injury or illness.

Historical Context

Enactment and Amendments

The FMLA was signed into law by President Bill Clinton on February 5, 1993. It has been amended several times to expand the scope and coverage of the law, including:

The National Defense Authorization Act of 2008, which introduced special provisions for military families.
The 2015 amendments, which included updates for employee protections and employer responsibilities.

Applicability and Compliance

Employer Obligations

Employers covered by the FMLA must:

Maintain the employee’s health benefits during the leave period as if they continued to work.
Restore the employee to the same or an equivalent position upon their return.
Post notices explaining the FMLA’s provisions and procedures.

Employee Responsibilities

Employees are required to:

Provide 30 days’ advance notice when the need for leave is foreseeable.
Submit sufficient information to determine if the leave qualifies for FMLA protections.
Follow their employer’s regular call-in procedures for absences.

Comparison with Other Leave Laws

State Leave Laws

Some states have family and medical leave laws that provide greater benefits than the federal FMLA. Employers must comply with both state and federal laws, adhering to the provision that offers the greater right to the employee.

Paid Family and Medical Leave

Unlike the FMLA, which provides unpaid leave, several states have enacted paid family and medical leave programs. Examples include California, New York, and Washington, where employees can receive a portion of their wages during leave.

Serious Health Condition: An illness, injury, impairment, or physical or mental condition that involves inpatient care or continuing treatment by a healthcare provider.
Equivalent Position: A position with equivalent pay, benefits, and other employment terms and conditions.
Covered Employer: An employer who is required to comply with FMLA due to having 50 or more employees.

FAQs

What types of health conditions qualify for FMLA leave?

Serious health conditions under the FMLA include conditions that require inpatient care, chronic conditions requiring periodic treatment, and conditions that incapacitate an individual for more than three days requiring ongoing medical care.

Can an employer deny FMLA leave?

If an employee is eligible and has not exhausted their FMLA leave entitlement, the employer cannot deny the leave. However, proper documentation and notice requirements must be met by the employee.

Are employees paid during FMLA leave?

FMLA leave is generally unpaid, but employees may choose or employers may require the use of accrued paid leave (such as sick or vacation leave) to cover some or all of the FMLA leave period.

References

U.S. Department of Labor, Wage and Hour Division. Family and Medical Leave Act (FMLA)
Society for Human Resource Management (SHRM). “A Guide to the Family and Medical Leave Act.”

Summary

The Family and Medical Leave Act (FMLA) is a critical federal law that helps employees balance their work and family responsibilities by allowing them to take reasonable unpaid leave for medical and family reasons. Understanding the rights and obligations under the FMLA helps both employers and employees navigate this essential aspect of employment law effectively.