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FMLA : Understanding the Basics
Family and Medical Leave Act (FMLA) allows an eligible employee up to twelve workweeks in any twelve months of unpaid, job-protected leave.
An Eligible Employee:
- Has been employed at least 12 months. The 12 months do not need to be continuous or consecutive AND
- Has been employed for at least 1250 hours of service during the previous 12 months
Leave Entitlement:
- Birth of child or to care for a newborn child
- Placement of a child for adoption or foster care
- Caring for an ill spouse, parent or child
- Employee is unable to work due to a serious health condition
New FMLA Provision for Military Families:
New FMLA provisions have been signed into law as part of a larger defense authorization act. The new provisions provide up to 26 weeks of job-protected leave for employees
- Providing care to service members wounded on the line of duty while on active duty
- Care for veterans undergoing medical treatment, recuperation, or therapy, outpatient status, or are temporary disabled for serious injury or illness
- Who are the spouse, son, daughter, or parent of the wounded service member. The new provision also adds the "next of kin"as a qualified person who may take this leave
The new provisions also provide up to 12 weeks of job protected leave to immediate family members (parent, spouse, child, next of kin) becuase of "any qualifying exigency" caused by the call to active duty. Employers are entitled to request that the service member provide certification that he/she has been called to active duty.
Under both types of FMLA leave for military families, intermittent leave is available.
What is a “serious health condition”?
An illness, injury, impairment, or physical or mental condition that involves:
- Inpatient care in a hospital, hospice, or residential medical care facility; or
- Continuing treatment by a health care provider, which includes a period of incapacity of more than 3 consecutive calendar days, and any subsequent treatment (treatment two or more times by a health care provider).
FMLA Leave Time:
- Leave can be taken intermittently, reduced hours, or continuous
- It is unpaid leave, but may be covered by STD, WC or benefit time
- Based on anniversary date
- Employee must request the leave, provide documentation and give 30 days notice when possible
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