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Family and Medical Leave Act


Family and Medical Leave Act

One of the first legislative acts signed by President Bill Clinton in 1993, the Family and Medical Leave Act (FMLA), entitles eligible employees to take up to 12 weeks of unpaid leave in a 12-month period for specific family and medical needs such as the birth of a child, adopting or fostering a child, serious health care for immediate family (spouse, parent, or child), and medical leave when an employee has a serious health condition. The employer has a choice of using either a calendar year or the company’s FISCAL YEAR. The law protects the employee who takes the leave by guaranteeing job continuation after the leave, health benefits during the leave, and the right to take the leave. This law applies to all employees who work for public agencies; local, state, and federal government employers; and educational institutions such as local public schools, colleges, and universities. For employees in the private sector, their company must have 50 or more employees and have 20 or more workweeks in the current or preceding calendar year and be engaged in commerce or any industry or activity that affects commerce. For employees to take leave under the FMLA, they must have worked in the job for 12 months, have worked at least 1,250 hours for those 12 months, and worked in the United States or any territory or possession of the United States. For spouses employed by the same employer, they are jointly entitled to a combined total of 12 workweeks. Under some conditions, the family leave may be taken in blocks of time (intermittently) or by reducing their normal workday. Intermittent leave must be approved the employer. Employees may also combine earned leave (vacation or sick time) with the FMLA upon approval of the employer. It is unlawful for any eligible employer to interfere or deny their employees’ rights to the FMLA. It is also illegal to fire or discriminate against the employee for participating in the FMLA. The DEPARTMENT OF LABOR will bring action against any eligible employer for denying an employee participation in the FMLA. The FMLA does not take the place of state or local laws, which offer better leave provisions, nor does it prevent an employer from offering better benefits to their employees.

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