The Family Medical Leave Act: The Basics


Every once in a while a refresher is well … refreshing.

The next series of blogs will focus on the Family and Medical Leave Act (FMLA).

The U.S. Department of Labor’s Employment Standards Administration, Wage and Hour Division, administers and enforces the Family and Medical Leave Act for all private employees, as well as state and local government employees and some federal employees.

Leave Entitlement

At its core, the FMLA entitles eligible employees to take up to 12 workweeks of unpaid, job-protected leave in a 12-month period for specified family and medical reasons, including:

For the birth and care of a newborn child of the employee;

For placement with the employee of a son or daughter for adoption or foster care;

To care for a spouse, son, daughter, or parent with a serious health condition; and

To take medical leave when the employee is unable to work because of a serioushealth condition.

Recent amendments also extend the FMLA to any “qualifying exigency” arising out of the fact that a family member is a covered military member on active duty.  Another related provision assisting military families allows eligible employees to take up to 26 workweeks of job-protected leave in a “single 12-month period” to care for an injured service member.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Beth Lincow Cole | Attorney Advertising

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