Title: Medical Leave Resource: Family and Medical Leave Act (FMLA)

Meta Title: Medical Leave Resource Family and Medical Leave Act (FMLA)

Page Header: Federal Medical Leave Regulations Web Site

Resource Name: Family and Medical Leave Act (FMLA)

Outbound Link Code: Medical_Leave_Resource_Family_and_Medical_Leave_Act

In Brief: First signed into law by President Clinton in 1993, and updated by President Bush in 2008, the
Family and Medical Leave Act (FMLA) requires employers with more than fifty employees to provide
leave benefits to those with qualifying circumstances.

Description:

Being in compliance usually requires a team of lawyers and a well trained management staff, but
abiding by the Family and Medical Leave Act (FMLA) is nothing like doing your taxes. The FMLA
ensures that companies with fifty or more employees provide job security and a defined amount of
designated leave time for the eligible employee to care for themselves or an immediate family member
who is afflicted by a diagnosed medical condition. In 2008 the act was amended to include protections
of the families of those serving active duty in the U.S. armed forces. Staying in compliance with the
FMLA is important not only for your business to avoid any legal dilemmas, but also to show your
employees that their well being as well as that of their immediate families is a company priority.

Not everyone is covered by the FMLA and not all companies are required to provide benefits. Only
companies who have more than fifty (50) employees within a 75 mile radius of his or her worksite are
required to provide leave benefits. For companies that exceed this threshold, only those full-time
employees who have worked for the company at least one year are eligible for leave. Other restrictions
include the number hours worked in the last twelve consecutive months (1,250) as well as whom, why,
and how long the leave is for. According the FMLA, employees who invoke these rights are entitled to
12 weeks per year (consecutive or not) of unpaid leave for the following reasons:
 to care for a new child, whether for the birth of a son or daughter, or for the adoption or
placement of a child in foster care;
to care for a seriously-ill immediate family member (spouse, child or parent);
to recover from a workers own serious illness;
to care for an injured service member in the employees immediate family; or
to address qualifying exigencies arising out of a family members deployment to active military
service

The 2008 revision of the FMLA expanded the eligibility to include the needs of those in the military
and their families. The FMLA provides a 12-week per year leave for to address what the act calls
certain qualifying exigencies such as attending certain military events, arranging for alternative
childcare, addressing certain financial and legal arrangements, attending counseling sessions, and
attending post-deployment reintegration briefings. For employees who have a service member in their
immediate family there is a provision allowing a 26 week per year leave for the service member who
was injured or is suffering an illness related to their active duty assignments.

While there are more detailed aspects of the FMLA, these are the basic guidelines that both employers
and employees must abide by. This legislation is intended to protect the jobs and rights of both
involved parties by designating acceptable rules to follow when applying for and designating a pro-
longed leave of absence. Visit the U.S. Department of Labor Web site for more information about the
Family and Medical Leave Act so that you can give your employees security they need and your
company the dedication of a loyal team member.

What you pay:

What we like

The FMLA Web site provides detailed information about the provisions of the statute as well as helpful
and easy to navigate information and compliance resources.

Notable Features:

12 weeks per year of protected leave for eligible employees

Coverage for service members and their immediate family

All forms and applications provided through the FMLA Web site

26 weeks leave for the care of an Armed Forces service member injured in active duty

Companies with less than 50 employees not bound by these regulations

Best for:

Companies with more than 50 employees within a 75 mile radius of the worksite

Links:

More Info: http://www.dol.gov/compliance/laws/comp-fmla.htm

About the Co.: http://www.dol.gov/compliance/laws/comp-fmla.htm

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