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The Family and Medical Leave Act (FMLA) provides an entitlement of up to 12 weeks of job-protected, unpaid leave during any 12-month period to eligible, covered employees for the following reasons: 1) birth and care of the eligible employee’s child, or placement for adoption or foster care of a child with the employee; 2) care of an immediate family member (spouse, child, parent) who has a serious health condition; or 3) care of the employee’s own serious health condition. It also requires that employee’s group health benefits be maintained during the leave. The FMLA is administered by the Employment Standards Administration’s Wage and Hour Division within the U.S. Department of Labor.

Application of the FMLA can also be impacted by the Uniformed Services Employment and Reemployment Rights Act (USERRA), Consolidated Omnibus Budget Reconciliation Act of 1986 (COBRA), the Americans with Disabilities Act of 1990 (ADA), or the Health Insurance Portability and Accountability Act (HIPAA). Covered employers must grant an eligible employees up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons:

for the birth and care of the newborn child of the employee;

for placement with the employee of a son or daughter for adoption or foster care;

to care for an immediate family member (spouse, child, or parent) with a serious health condition; or

to take medical leave when the employee is unable to work because of a serious health condition.

Upon return from FMLA leave, an employee must be returned to the same position or to an “equivalent position with equivalent benefits, pay, status, and other terms and conditions of employment.”

An employee who takes FMLA leave is entitled to maintain health benefits coverage.  An employee on unpaid FMLA leave may pay the employee share of the premiums on a current basis or pay upon return to work.

An employee must provide notice of his or her intent to take family and medical leave not less than 30 days before leave is to begin or, in emergencies, as soon as is practicable.

An agency may request medical certification for FMLA leave taken to care for an employee’s spouse, son, daughter, or parent who has a serious health condition or for the serious health condition of the employee.

Under what circumstances can a Family and Medical Leave Act (FLMA) leave of absence be taken?

It can be taken for your own “serious health condition” or that of your child, parent or spouse, to allow you to take care of that family member. Also, you can take it in connection with the birth, adoption or foster care placement of your child.

How long do I have to work for your employer before you are eligible to take a FMLA leave?

In order to be eligible to take an Family and Medical Leave Act (FMLA) leave, an employee must have been employed by a “covered employer” for at least 12 months, and he must have worked at least 1250 hours for that employer, during the preceding 12 month period.

Are employees entitled to be paid for their time off on a FMLA leave?

No, employees are not entitled to compensation while they are off on their Family and Medical Leave Act (FMLA) leave.

Is the employer obligated to hold the employee obligated to hold the employee’s job open for them, while they are on FMLA leave?

Yes, an employer may not legally terminate an employee while they are off on a Family and Medical Leave Act (FMLA) leave. Upon the employees return to work, the employer is obligated to reinstate them to their prior position of employment, but if that job is no longer available, then the employer must offer the employee comparable employment.