Family and Medical Leave Act

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FMLA, the Family and Medical Leave Act, provides eligible employees of covered employers the right to take unpaid leave for specified family and medical reasons without compromising the ability to return to their job or their group health insurance coverage. If covered, FMLA allows employees up to 12 weeks off.

FMLA leave is unpaid, but the time away may not be held against you when it comes to hiring, promotions or discipline.

Private employers with at least 50 employees are covered by FMLA, as are all federal, state and local government agencies, and elementary and secondary schools. Employers must employee 50 employees within 75 miles of the employee’s worksite.

Covered employees are those who have worked for the employer for at least 12 months, although 12 consecutive months are not required. So long as you have worked at least 1,250 hours in the 12 months prior to taking leave, you are a covered employee.

Flight attendants and flight crew members are subject to different FMLA guidelines.

FMLA leave may be used if you have a serious health condition, or if you need to care for a spouse, child or parent with a serious health condition. The most common conditions which qualify for FMLA are:

  • Those requiring an overnight hospital stay

  • Those that incapacitate you or your family member for more than 3 consecutive days and require ongoing medical treatment

  • Chronic conditions that result in occasional periods of incapacitation and require health care treatment at least twice a year

  • Pregnancy

The United States Department of Labor Wage and Hour Division administers and enforces the Family and Medical Leave Act for most employees.