Legal Definitions - Family and Medical Leave Act

The Family and Medical Leave Act (FMLA) is a United States federal law enacted in 1993. It provides eligible employees of covered employers with the right to take up to 12 weeks of unpaid, job-protected leave per year for specific family and medical reasons. This means that while the leave itself is unpaid, the employer must hold the employee's job or an equivalent position for their return.

The FMLA covers situations such as:

• The birth of a child and to care for the newborn child within one year of birth.
• The placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement.
• Caring for the employee’s spouse, child, or parent who has a serious health condition.
• A serious health condition that makes the employee unable to perform the essential functions of their job.
• Any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on active duty or has been notified of an impending call or order to active duty.

Generally, the FMLA applies to private employers with 50 or more employees, as well as all public agencies and schools. To be eligible, an employee must have worked for the employer for at least 12 months and have worked at least 1,250 hours during the 12 months prior to the start of FMLA leave.

Here are some examples of how the FMLA might apply:

• Example 1: Caring for a Seriously Ill Parent
  Maria works for a large manufacturing company that employs over 300 people. Her elderly father recently suffered a severe stroke and requires extensive rehabilitation and care for several months. Maria requests 10 weeks of leave to be her father's primary caregiver during this critical recovery period. Her company must grant this leave under the FMLA, ensuring her job is protected until she returns.

  This illustrates the FMLA because Maria is an eligible employee at a covered employer (over 50 employees) taking job-protected, unpaid leave to care for a parent with a serious health condition.

• Example 2: Employee's Own Serious Health Condition
  David, a marketing manager at a national retail chain with 200 employees, is diagnosed with a serious heart condition requiring surgery and several weeks of recovery. He takes 8 weeks of FMLA leave to undergo the procedure and recuperate. During this time, his employer cannot terminate him for his absence and must reinstate him to his previous position or an equivalent one upon his return.

  This demonstrates the FMLA's application for an employee's *own* serious health condition, ensuring job protection while they are unable to work due to illness or recovery.

• Example 3: Bonding with an Adopted Child
  Sarah and her partner are finalizing the adoption of a toddler. Sarah works for a major university with thousands of employees. She decides to take 12 weeks of unpaid leave immediately after the adoption is complete to bond with her new child and help them adjust to their new home and family. Her university must allow this leave under the FMLA.

  This shows the FMLA's provision for leave related to the placement of a child for adoption. Sarah, as an employee of a covered employer, is entitled to this job-protected time off to care for and bond with her newly adopted child.