Legal Definitions - Family and Medical Leave Act (1993)

The Family and Medical Leave Act (FMLA) is a federal law in the United States designed to help employees balance their work and family responsibilities by allowing them to take job-protected, unpaid leave for specific family and medical reasons. This law applies to employers with 50 or more employees.

To be eligible for FMLA leave, an employee must meet specific criteria:

• They must have worked for their employer for at least 12 months.
• They must have accumulated at least 1,250 hours of service during the 12-month period immediately preceding the leave.

Eligible employees can take up to 12 weeks of unpaid leave within a 12-month period for qualifying reasons, which include:

• 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.
• To care 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.

Upon returning from FMLA leave, employees are entitled to be restored to their original job or to an equivalent job with equivalent pay, benefits, and other terms and conditions of employment. If an employee believes their FMLA rights have been violated, they can file a complaint with the U.S. Department of Labor or pursue a private lawsuit.

Here are some examples of how the FMLA applies:

• Example 1: Parental Leave for a Newborn
  Scenario: Elena works for a large marketing agency with over 200 employees. After giving birth to her first child, she wants to take time off to bond with her newborn and adjust to motherhood. She has been with the company for four years and consistently works full-time hours.

  Explanation: Elena is eligible for FMLA leave because her employer meets the size requirement, and she meets the tenure and hours-worked requirements. The birth of a child is a qualifying reason under FMLA, allowing her to take up to 12 weeks of unpaid, job-protected leave to care for her baby without fear of losing her position.

• Example 2: Employee's Own Serious Health Condition
  Scenario: Mark, a software engineer at a tech firm with 100 employees, needs to undergo major back surgery followed by several weeks of physical therapy and recovery. He has been employed there for six years and works more than 40 hours a week.

  Explanation: Mark's employer is covered by FMLA, and he meets the eligibility criteria. His serious health condition requiring surgery and an extended recovery period makes him unable to perform his job duties, which is a qualifying reason under FMLA. This ensures he can take the necessary unpaid leave to recover without risking his employment.

• Example 3: Caring for an Ailing Parent
  Scenario: Jessica has worked as a human resources manager for a manufacturing company with 150 employees for eight years. Her elderly father recently suffered a severe stroke and requires full-time care for several weeks, including assistance with daily living activities and transportation to medical appointments. Jessica needs to take time off to manage her father's care and rehabilitation.

  Explanation: Jessica's company is an FMLA-covered employer, and she is an eligible employee. Her father's serious health condition qualifies Jessica to take FMLA leave to care for a close family member. This allows her to attend to her father's critical needs while knowing her job will be protected upon her return.