Family and Medical Leave Act

Family and Medical Leave Act
A federal law that requires qualifying employers to provide eligible employees with 12 weeks of unpaid leave during a 12-month period to bond with a new child, care for a family member with a serious medical condition, or recover from a serious medical condition. At the end of the leave, the employer must allow the employee to return to the same or an equivalent position to that held before taking the leave.
Category: Employment Law & HR → Human Resources

Nolo’s Plain-English Law Dictionary. . 2009.

Family and Medical Leave Act
USA
A federal law requiring employers to give covered employees unpaid, job protected leave from employment (29 U.S.C. §§ 2601-2654). Coverage for employees requires a minimum of 1,250 hours worked for the employer for the previous 12 months. Coverage for employers requires a minimum of 50 employees. Employees are not covered if they work at a facility with fewer than a total of 50 employees working within 75 miles of that facility.
The FMLA authorizes up to 12 weeks of leave for each 12-month period for:
• Birth and care of an employee's newborn child.
• Placement of an employee's adopted or foster child with the employee.
• Care of an employee's immediate family member (spouse, child or parent) with a serious health condition.
• The employee's serious health condition that prevents the employee from performing the functions of the job.
The FMLA also authorizes leave related to military service, including:
• Up to 26 weeks of leave for each 12-month period to care for a family member who is a covered servicemember and who has experienced a serious injury or illness that began during active duty service.
• Up to 12 weeks of leave for each 12-month period for a qualifying exigency arising because of active or impending military service.
The FMLA prohibits employers from:
• Limiting employees' rights under the statute.
• Discriminating against or terminating employees for exercising rights under the statute or opposing unlawful practices under the statute.
The FMLA is enforced and administered by the Department of Labor.

Practical Law Dictionary. Glossary of UK, US and international legal terms. . 2010.

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