Managing family and work responsibilities is always difficult, and add in a significant life event - like a new baby or serious illness, and it's nearly impossible to keep up with it all.
The Family and Medical Leave Act (FMLA) was passed in 1992 to help. It allows workers to take up to 12 weeks of unpaid leave from their jobs for family and medical reasons. Employees don't have to worry about losing their jobs or group health benefits while they're out.
Covered Employers
The FMLA covers about two thirds of the employers in the US. Many small businesses aren't included. Employers covered by the law include:
- Employers who have 50 or more employees (including part-time workers) on the payroll for 20 or more work weeks in the prior or current calendar year
- Joint employers and those who take over the businesses of covered employers
- All federal, state, and local government agencies
- All local educational agencies and private elementary and secondary schools
Eligible Employees
Employees outside of the US aren't covered. Special rules may apply to government employees. Otherwise, an employee of a covered employer is eligible for FMLA leave if:
- The business has at least 50 employees within 75 miles of the employee's worksite
- The employee worked for the business at least 12 months
- The employee worked at least 1,250 hours in the last 12 months
Reasons for Leave
The act allows employees to take time off:
- To care for a newborn child
- To care for a new adopted or foster child
- To care for a seriously ill son, daughter, parent or spouse. A child over the age of 18 isn't covered unless the adult child is mentally or physically unable to care for themselves
- To care for themselves when they're unable to work due to a serious health condition
Serious Health Condition
An illness or injury is considered a serious health condition for purposes of the FMLA if it involves:
- inpatient care in a hospital
- inpatient care in a hospice
- inpatient care in a residential medical care facility
- continuing treatment by a health care provider
If an employee is eligible for medical leave under the law, the employer may (but isn't required to) offer that employee a lighter schedule or some other accommodation so the employee can keep working.
Military Family Leave
A covered employer must also grant unpaid leave to family members of servicemen and women who are injured or called to active duty.
Military Caregiver Leave:
- An eligible employee may take up to 26 weeks of unpaid leave in a year to care for an injured service member
- The employee must be the spouse, son, daughter, parent, or closest blood relative of the service member
- The service member must be a current member of the Armed Forces, including the National Guard or Reserves, or a veteran who served in the Armed Forces within the past 5 years
- The service member must be undergoing medical treatment, recuperation, therapy or disability leave due to a serious injury or illness incurred in the line of duty
Active Duty Leave:
- An eligible employee may take up to 12 weeks of unpaid leave to deal with emergencies that arise when a service member is called to active duty
- The employee must be a spouse, son, daughter, or parent of the service member
- The service member must be a member of the National Reserves or National Guard, or be a member of the Armed Forces sent to a foreign country
- A qualifying emergency or exigency includes providing childcare, attending counseling sessions or ceremonies, being with the service member on a short leave, and dealing with legal and financial matters that arise because of the service member's deployment