Legal Definitions - Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act (FMLA) is a federal law in the United States that allows eligible employees to take job-protected, unpaid leave for specific family and medical reasons without fear of losing their job. This means that while an employee is on FMLA leave, their employer must maintain their health benefits and guarantee their return to the same or an equivalent position once their leave concludes.

To be eligible for FMLA, an employee must have worked for their employer for at least 12 months, and for a minimum of 1,250 hours during the 12 months prior to the start of the leave. Additionally, the law only applies to employers who have 50 or more employees within a 75-mile radius.

Eligible employees can take up to 12 workweeks of leave within a 12-month period for reasons including:

• The birth of a child and to care for the newborn.
• The placement of a child with the employee for adoption or foster care.
• To care for a 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.

Here are some examples of how the FMLA might apply:

• Example 1: Caring for a Newborn Child
  Scenario: A marketing manager named Sarah has worked for a large tech company (which employs over 500 people) for five years. She is expecting her first child and wants to take time off after the baby is born. Illustration: Sarah is eligible for FMLA leave because she meets the employee tenure and hours requirements, and her employer is large enough to be covered by the law. She can take up to 12 weeks of unpaid leave to bond with and care for her newborn. During this time, her employer must continue her health insurance benefits and guarantee her return to her marketing manager position or an equivalent role once her leave concludes.
• Example 2: Employee's Own Serious Health Condition
  Scenario: David, an accountant at a manufacturing firm (with 150 employees), has been diagnosed with a serious heart condition requiring major surgery and several weeks of recovery. He has been employed there for three years, working full-time. Illustration: David is eligible for FMLA leave to undergo his surgery and recover. This allows him to focus on his health without the added stress of potentially losing his job. His company is legally obligated to reinstate him to his accounting role or a comparable one once he is medically cleared to return, and to maintain his health benefits throughout his leave.
• Example 3: Caring for an Ailing Parent
  Scenario: Maria, a project coordinator at a non-profit organization (with 80 employees), needs to take time off to care for her elderly mother who recently suffered a stroke and requires extensive rehabilitation. Maria has worked for the organization for two years. Illustration: Maria can use FMLA to take job-protected, unpaid leave to provide care for her mother. This ensures she can support her family during a critical time without jeopardizing her employment. Upon her mother's recovery or the exhaustion of her 12 weeks of leave, Maria is entitled to return to her position or an equivalent one.