What Is the Family and Medical Leave Act? Part I

The Family and Medical Leave Act (FMLA) is a law that requires certain employers to provide qualifying employees with up to 12 weeks of unpaid leave. This blog post is Part I of a series of posts providing a basic overview of the FMLA. Part I provides an overview of: what employees/employers are covered by the FMLA; how much leave an employee is entitled to under the FMLA; and what circumstances qualify for FMLA leave.

What Employees and Employers Are Covered by FMLA?

The FMLA covers all public employers and private employers with 50 or more employees. To qualify for FMLA, an employee must have been employed for a cumulative total of 12 months at the time the leave begins, actually worked 1250 hours in a preceding 12-month period, be employed at a worksite with 50 or more employees within 75 miles, and have a qualifying reason for absence from work.

How Much Leave Do I Get Under FMLA?

The FMLA provides up to 12 weeks of leave for qualifying family care or self-care purposes, or for qualifying exigencies relating to the military deployment of a family member.

What Circumstances Qualify for FMLA?

A qualifying circumstance for FMLA leave includes an employee taking time to care for his or her own serious health condition or a family member’s serious health condition. Children, parents, and spouses are considered to be family members for whom one can take leave.

A serious health condition includes the following: inpatient care; incapacity of more than 3 consecutive days requiring continuing treatment; pregnancy-related care; a chronic condition causing episodic incapacity for which treatment is required; incapacity due to a long-term condition or for which treatment may not be effective; or treatment for a condition that would cause incapacity.

Other qualifying circumstances for FMLA leave include the birth of a child or the placement of a child with the employee for adoption or foster care.

The experienced Philadelphia labor and employment attorneys at Willig, Williams & Davidson are available to answer any questions you may have regarding the FMLA and how it may affect you.

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