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FAMILY MEDICAL LEAVE ACT (FMLA)

Discussion

Employers with at least 50 employees are covered under the FMLA and must include a provision in their handbook that addresses employee rights and obligations under this act. To be eligible for FMLA leave, an employee must be employed by a covered employer; must have worked at least 12 months for the employer; and must have worked at least 1,250 hours during the 12 months immediately preceding the start date of FMLA leave.

Please note: Some states have enacted family leave laws that apply to employers with fewer than 50 employees and provide more generous benefits than the FMLA. It is important to determine whether your state is among these.

Basic FMLA Provisions/Requirements

FMLA provides an entitlement of up to 12 weeks of job-protected, unpaid leave during any 12 months for the following reasons:

  1. Birth and care of the employee's child or placement for adoption or foster care of a child with the employee;

  2. To care for an immediate family member (spouse, child, parent) who has a serious health condition; or

  3. For the employee's own serious health condition.

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last updated: 01/31/08

 

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