About the Family and Medical Leave Act

The Family and Medical Leave Act (FMLA) is a federal law that became effective on August 5, 1993. It was established to assist employees in balancing their work and family life. It was intended and designed to give workers assurance that they will not lose their jobs in order to meet their personal and family obligations or to tend to vital needs at home. It requires employers, both private and public, to provide 12 weeks of unpaid leave, continue health care benefits and provide job protection. FMLA applies to employers with 50 or more employees that have been on payroll for 20 or more weeks in a calendar year.

An employee can be eligible for FMLA if he or she has:

• worked for an employer a minimum of one year;
• worked a minimum of 1,250 hours during the 12 months prior to the start of the FMLA leave; and
• is employed at a location where at least 50 employees are working within a 75-mile radius.

An employer may grant leave for

• the birth and care of a newborn child;
• the placement with the employee of a child for adoption or foster care and to care for the newly placed child;
• to care for an immediate family member (spouse, child or parent, but not a parent-in-law) with a serious health condition;
• and when the employee is unable to work because of a serious health condition.

When an employee requests leave, it is the employer"s responsibility to designate the leave as FMLA leave. This may be done via a letter to the employee. Leave may not be counted toward 12 weeks if the employer fails to designate the leave as FMLA.

The U.S. Department of Labor's Wage and Hour Division administers and enforces FMLA for all private, state and local government employees, as well as for some federal employees.