FMLA: What You Need To Know
What is FMLA?
Family and Medical Leave Act of 1993 (FMLA) :
Administered and enforced by U.S. Dept. of Labor’s Employment Standards Administration,
Wage and Hour Division
Entitles eligible employees to take up to 12 weeks unpaid leave
Allows employees to balance work and family life
Minimizes employee discrimination while promoting equal employment opportunities for men
and women
Whom Does FMLA Apply To?
FMLA applies to:
State and local government employees
Employees in Local education agencies (schools)
Private-sector employers with 50 or more employees
Which Employees are Eligible?
To be eligible for FMLA benefits, an employee must:
Work for a covered employer
Have worked for the employer for a total of 12 months (doesn’t have to be consecutive)
Have worked at least 1,250 hours over the previous 12 months
Work at a location in the US where at least 50 employees are employed by the employer
within 75 miles
To be eligible for FMLA benefits, an employee must:
Work for a covered employer
Have worked for the employer for a total of 12 months (doesn’t have to be consecutive)
Have worked at least 1,250 hours over the previous 12 months
Work at a location in the US where at least 50 employees are employed by the employer
within 75 miles
Provide care of the child following the birth or adoption
Caring for a spouse, son, daughter, or parent with a serious health condition
Taking medical leave when the employee is unable to work because of a serious health
condition
For certain military reasons
What Counts as Serious Health Condition?
Serious Health Condition means an illness, injury, impairment, or physical or mental
condition that involves:
• Inpatient care- Overnight stay in hospital, hospice, or medical-care facility.
• Continuing treatment by a health care provider-Includes period of incapacity lasting more
than 3 consecutive, full calendar days, and subsequent treatment or period of incapacity
relating to the same condition.
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