Legal Definitions - FMLA

The Family and Medical Leave Act (FMLA) is a federal law in the United States that provides eligible employees with the right to take unpaid, job-protected leave for specific family and medical reasons without fear of losing their job.

Under the FMLA, qualifying employees can take up to 12 workweeks of leave within a 12-month period for reasons 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.
• 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.

While the leave itself is unpaid, the employer must maintain the employee's group health benefits during the leave as if the employee had continued to work. Upon returning from FMLA leave, an employee must be restored to their original job or to an equivalent job with equivalent pay, benefits, and other terms and conditions of employment.

To be eligible for FMLA leave, an employee must:

• Have worked for the employer for at least 12 months (not necessarily consecutive).
• Have worked at least 1,250 hours during the 12 months immediately preceding the leave.
• Work at a location where the employer has 50 or more employees within 75 miles.

The FMLA applies to private-sector employers with 50 or more employees, as well as public agencies and schools.

Examples of FMLA in Action:

Example 1: Employee's Own Serious Health Condition

Maria has been working full-time as a marketing manager for a large tech company for five years. She recently received a diagnosis requiring major surgery and an anticipated recovery period of eight weeks. Assuming Maria meets all other FMLA eligibility requirements, she can request FMLA leave for her surgery and recovery time. Her employer must grant her the unpaid leave and hold her position or an equivalent one for her return, while continuing her health benefits.

How this illustrates FMLA: This scenario demonstrates the FMLA's provision for an employee's own serious health condition. Maria's surgery and recovery prevent her from performing her job duties, making her eligible for job-protected leave under the Act.

Example 2: Caring for a Family Member

David works as an accountant for a national firm and has been with the company for three years. His elderly mother, who lives nearby, recently suffered a severe stroke and requires extensive care and rehabilitation for several weeks. David needs to take time off to assist with her medical appointments, personal care, and ensure her well-being during her recovery. If David's employer is covered by FMLA and he meets the individual eligibility criteria, he can take FMLA leave to care for his mother.

How this illustrates FMLA: This example highlights the FMLA's allowance for employees to care for a qualifying family member (a parent) with a serious health condition. David's need to provide care for his mother falls squarely within the FMLA's protections, ensuring he can attend to his family responsibilities without losing his job.

Example 3: Parental Leave for Adoption

Sarah and Tom, both employed by different companies that meet FMLA's employer size requirements, are adopting a newborn baby. Sarah has worked for her company for two years, and Tom for three years, both working more than 1,250 hours in the past year. After the baby is placed with them, Sarah decides to take 10 weeks off to bond with and care for their new child. Tom plans to take two weeks off concurrently to support Sarah and bond with the baby. Both can utilize FMLA leave for this purpose.

How this illustrates FMLA: This scenario illustrates the FMLA's provision for parental leave following the placement of a child for adoption. Both Sarah and Tom, as eligible employees, can take job-protected leave to care for and bond with their newly adopted child within the first year of placement, demonstrating the FMLA's support for new parents.