The Family and Medical Leave Act (FMLA) entitles eligible employees to take up to 12 weeks of unpaid, job-protected leave in a 12-month period for specified family and medical reasons.
The FMLA protects:
- All private-sector employees of employers who have employed 50 or more employees in 20 or more workweeks in the current or preceding calendar year;
- Employees of all public agencies, including state and local governments and public educational institutions; and
- Some federal employees.
In 2008, the Act was expanded to allow eligible employees to take up to 12 weeks of job-protected leave in the applicable 12-month period for any “qualifying exigency” arising from active-duty military service.
Employee Eligibility for FMLA Benefits
To be eligible for FMLA benefits, the employee must:
- Work for a covered employer;
- Have worked for the employer for a total of 12 months; and
- Work at a U.S. location where at least 50 employees work for the employer within 75 miles.
The 12 months of employment does not have to be consecutive; however, the employer does not have to count prior employment time if there was a break in employment of seven years or more.
FMLA Leave Entitlement
An eligible employee is entitled to 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 employee’s newborn child;
- For the placement of an adopted or foster child with the employee;
- To care for a spouse, child, or parent who has a serious health condition;
- For medical leave when the employee is unable to work because of his or her own serious health condition; or
- For “qualifying exigencies” arising out of the fact that the employee’s spouse, child, or parent is on active duty or call to active duty status as a member of the National Guard or Reserves in support of a contingency operation.
FMLA Leave Notice Requirements
If the need to take FMLA leave is foreseeable, the employee is required to provide 30-days advance notice. Otherwise, the employee must provide as much advance notice to the employer as is practicable under the circumstances.
When the need for FMLA leave is not foreseeable, the employee must provide notice of the need for leave as soon as practicable. In most instances, this will mean the employee must notify the employer either the same or the next business day. Employees must generally comply with the employer’s usual and customary notice and procedural requirements for requesting leave.
Additionally, the employee requesting FMLA leave must provide sufficient information for the employer to determine whether the FMLA applies to the request. The employer may require an employee’s request for leave due to a serious health condition affecting the employee or family member be backed up by a certification from a health care provider.
When the employee seeks FMLA leave for the first time, he or she need not expressly assert FMLA rights or even mention the FMLA. When the employee seeks FMLA leave a second or subsequent time for the same reason, the employee must specifically reference either the qualifying reason or the need for FMLA leave.
Sources:
29 C.F.R. Part 825
Disclaimer: This article is in no way intended as legal advice. For help with specific legal issues, one should contact a licensed attorney in one’s local area.
Jessie Vanwinkle - Jessie Vanwinkle is an attorney in practice since 1998. View her full profile for more information.
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