FMLA

THE FAMILY AND MEDICAL LEAVE ACT

THE DEPARTMENT OF LABOR

OVERSEES THE FMLA


The Department of Labor (DOL) fosters and promotes the welfare of American job seekers, wage earners, and retirees.  One of the Laws they administer is the Family and Medical leave Act (FMLA).

Benefits For Employees Mandated By FMLA

To qualify for the FMLA mandate, a worker must be employed by a business with 50 or more employees within a 75-mile radius of his or her worksite. 

The mandate also applies to public agencies, including schools and state, local, and federal employers (the 50-employee threshold does not apply to public agency employees and local educational agencies).

The employee must have worked for that employer for at least 12 months (not necessarily consecutive) and 1,250 hours within the last 12 months. 
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The FMLA mandates unpaid, job-protected leave for up to 12 weeks a year:

  1. To care for a new child, whether for the birth of a son or daughter, or for the adoption or placement of a child in foster care;

  2. To care for a seriously-ill family member (spouse, child or parent);

  3. To recover from a worker’s own serious illness;

  4. To care for an injured service member in the family; or

  5. To address qualifying exigencies arising out of a family member’s deployment. 
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The FMLA also requires employers to provide the following accommodations for eligible workers:

  1. Restoration to the same position upon return to work. If the same position is unavailable, the employer must provide the worker with a position that is substantially equal in pay, benefits, and responsibility.

  2. Protection of employee benefits while on leave. An employee is entitled to reinstatement of all benefits to which the employee was entitled before going on leave.

  3. Protection of the employee to not have their rights under the Act interfered with or denied by an employer.

  4. Protection of the employee from retaliation by an employer for exercising rights under the Act. 
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Some workers are not eligible and some types of leave             are not covered by the FMLA

The federal FMLA does not apply to:

  1. Workers in businesses with fewer than 50 employees (this threshold does not apply to public agency employers and local educational agencies);

  2. Part-time workers who have worked less than 1,250 hours within the 12 months preceding the leave and a paid vacation;

  3. Workers who need time off to care for seriously ill domestic partners, children of domestic partners or seriously ill elderly relatives or pets;

  4. Workers who need time off to recover from short-term or common illness like a cold, or to care for a family member with a short-term illness; and

  5. Workers who need time off for routine medical care, such as check-ups. 
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Provisions Of The Family and Medical Leave Act


Overview From The U.S. Department Of Labor Website

Covered employers must grant an eligible employee up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons:

•For the birth and care of the newborn child of the employee;

•For placement with the employee of a son or daughter for adoption or foster care;

•To care for an immediate family member (spouse, child, or parent) with a serious health condition; or

•To take medical leave when the employee is unable to work because of a serious health condition. 
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Key News

•The President signed into law S.1422, the “Airline Flight Crew Technical Corrections Act”, Public Law 111-119, amending section 101(2) of the FMLA and establishing a special minimum eligibility requirement for airline flight attendants and flight crew members. (December 21, 2009)

The President signed into law the National Defense Authorization Act for Fiscal Year 2010 (2010 NDAA), Public Law 111-84. Section 565 of the 2010 NDAA amends the Family and Medical Leave Act (FMLA). These amendments expand on the military family leave rights added to the FMLA in 2008. The military family leave provisions provide qualifying exigency and military caregiver leave for families of covered military members. (October 28, 2009)
Read more about these new military leave provisions.
View Title I of the FMLA as amended by the FY 2010 NDAA.

  1.     The Department of Labor's Wage and Hour Division published a Final Rule under the Family and Medical Leave Act. The final rule became effective on January 16, 2009, and updates the FMLA regulations to implement new military family leave entitlements enacted under the National Defense Authorization Act for FY 2008. It also includes revisions in response to public comments received on the proposed rule issued in February 2008. The Federal Register Notice and related documents are available at Wage and Hour's FMLA Final Rule website. (November 17, 2008).
     


Downloadable Information

About The Family and Medical Leave Act

General Guidance

•Compliance Guide to the Family and Medical Leave Act (a revision is coming soon )

Special Rules for Returning Reservists under USERRA

Military Frequently Asked Questions (PDF)

Non-Military Frequently Asked Questions (PDF)

FMLA NDAA 2008 Guidance

FMLA NDAA 2010 Guidance

FMLA Airline Flight Crew Technical Amendments Guidance

Fact Sheets

Fact Sheet on the Final Rule

Fact Sheet # 28: The Family and Medical Leave Act of 1993(PDF)

•Fact Sheet # 28: The Family and Medical Leave Act of 1993 -Spanish (a revision is coming soon)

Fact Sheet # 28A: The Family and Medical Leave Act Military Leave Entitlements(PDF)

Fact Sheet # 44: Visits to Employers(PDF)

e-Tools

•elaws Employee/Employer Advisor (a revision is coming soon)

•Federal vs. State Family and Medical Leave Laws (a revision is coming soon)

Forms

WH-380-E Certification of Health Care Provider for Employee’s Serious Health Condition (PDF)

WH-380-F Certification of Health Care Provider for Family Member’s Serious Health Condition(PDF)

WH-381 Notice of Eligibility and Rights & Responsibilities (PDF)

WH-382 Designation Notice (PDF)

WH-384 Certification of Qualifying Exigency For Military Family Leave (PDF)

WH-385 Certification for Serious Injury or Illness of Covered Servicemember -- for Military Family Leave (PDF) 

 

Enacted in 1993, the FMLA recognizes the growing needs of balancing family, work, and obligations, and promises numerous protections to workers. 

It requires larger employers to provide employees job-protected unpaid leave due to a serious health condition that makes the employee unable to perform his or her job, or to care for a sick family member, or to care for a new child (including by birth, adoption or foster care).

The Department of Labor Enforces the FMLA                     for eligible workers.

The Family and Medical Leave Act provides employment safeguards for eligible workers when they have to take time off to provide care for themselves or their family members.

Find the Department of Labor’s FMLA pages

http://www.dol.gov/whd/regs/compliance/whdfs28.pdf

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FMLA The Family and Medical Leave Act

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