AND MEDICAL LEAVE ACT OF 1993
The Family and
Medical Leave Act of 1993 (FMLA) entitles
eligible employees to take up to 12 weeks of
unpaid, job-protected leave in a 12-month period
for any of the following reasons:
- for the birth and
care of a newborn child of the employee;
- for the adoption
or foster placement of a child with the
- to care for a
family member (spouse, child, or parent) with
a serious health condition; or
- for a serious
health condition which leaves the employee
unable to work.
Amendments to the
FMLA pertaining to members of the armed forces
and to airline flight crew members were added
and became effective in 2009. Those changes
expand coverage for employes with family members
in the armed forces, and modify eligibility
requirements for flight crew members.
FMLA applies to all public agencies, including
state, local and federal employers, local
education agencies (schools), and private-sector
employers who employ 50 or more employees in 20
or more weeks.
To be eligible for FMLA benefits, an employee
- work for a
- have worked for
the employer for a total of 12 months;
- have worked at
least 1,250 hours over the previous 12 months
(12 months does not need to be consecutive);
- work at a
location in the United States or in any
territory or possession of the United States
where at least 50 employees are employed by
the employer within 75 miles.
The Wage and Hour
Division investigates complaints. If violations
cannot be satisfactorily resolved, the U.S.
Department of Labor may bring action in court to
compel compliance. Individuals may also be able
to bring a private civil action against an
employer for violations.
information see the U.S. Department of Laborís
overview of the FMLA at http://www.dol.gov/whd/fmla/index.htm,
and an FMLA fact sheet at http://www.dol.gov/whd/regs/compliance/whdfs28.pdf.
Dept. of Labor
PREPARED BY: 211/rj
CONTENT LAST REVIEWED: June2012