The Family and Medical Leave Act — provides eligible US employees with up to 12 weeks of unpaid, job-protected leave per year for qualifying family or medical reasons.
The Family and Medical Leave Act (FMLA), enacted in 1993 and codified at 29 U.S.C. §§2601–2654, gives eligible employees of covered employers the right to take up to 12 weeks of unpaid, job-protected leave in a 12-month period for: the birth or adoption of a child, the serious health condition of the employee, the serious health condition of a spouse, child, or parent, or qualifying military exigencies. Up to 26 weeks is available to care for a covered service member with a serious injury or illness.
Coverage applies to private employers with 50 or more employees within a 75-mile radius, all public agencies, and all public and private elementary and secondary schools. Employees are eligible if they have worked for the employer for at least 12 months (not necessarily consecutive), have worked at least 1,250 hours in the 12 months before the leave, and work at a worksite where the employer has 50+ employees within 75 miles.
Employers must designate FMLA leave in writing and issue a Notice of Eligibility (form WH-381) within 5 business days of learning of a qualifying reason, plus a Designation Notice (form WH-382) once eligibility is confirmed. Health benefits must continue during FMLA leave on the same terms as if the employee were working. Failure to comply with FMLA can result in damages, back pay, and attorneys' fees.
She took 8 weeks of FMLA leave to care for her newborn and returned to her same role with continuous health coverage.
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