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The Family and Medical Leave Act of 1993 What is the Family and Medical Leave Act of 1993? The Family and Medical Leave Act of 1993 (FMLA) was enacted to help employees who need to take leave for certain family responsibilities, but who are afraid of losing their jobs. Under the FMLA, you are entitled to take up to 12 weeks of unpaid leave for the birth and care of a new child (your natural child or an adopted or foster child) or to care for yourself or an immediate family member who has a serious health condition. You must work for a covered employer and meet certain eligibility criteria. Tip: The National Defense Authorization Act for FY 2008 expanded the benefits of the FMLA to assist service members and their families. See below for more information.
Who is covered by the FMLA? Employees of private companies that have 50 or more employees You may be covered by the FMLA if: 1. You work for a private company that is engaged in commerce or in any industry or activity affecting commerce and 2. The company has employed 50 or more people in total at your worksite (plus all worksites within 75 miles) each working day during at least 20 calendar weeks (not necessarily consecutive weeks) in the current or preceding calendar year. Employees of all public agencies If you work for a state or local government or a public or private elementary or secondary school, then you are covered under the FMLA, even if your employer does not employ 50 or more individuals. Most federal civil service and Congressional employees are also covered by the FMLA, subject to regulations issued by the Office of Personnel Management.
When will you be eligible for leave? You may be eligible for leave if you work for a covered employer, as mentioned. You also must have worked at least 12 months (not necessarily consecutively) for that employer, and you must have worked at least 1,250 hours during the 12 months immediately preceding the starting date of your FMLA leave. In addition, you must be taking leave for one of the following reasons: • For the birth and care of your child, or for the adoption of a child or placement of a foster child • For the care of an immediate family member (spouse, child, or parent) who has a serious health condition • For your own serious health condition that makes you unable to perform the functions of your job
How does the FMLA protect you? Allows you to take unpaid leave If you are eligible for leave under the FMLA, you can take up to 12 weeks of unpaid leave during any 12 months.
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