09/ 20/ 2005
from the Department of Labor
The Family Medical Leave Act provides certain employees with up to 12 weeks of unpaid, job-protected leave per year and requires that group health benefits be maintained during the leave. The Department of Labor’s FMLA Advisor provides information about employer coverage and employee eligibility under the law and addresses valid reasons for family and medical leave, employee/employer notification responsibilities, and employee rights and benefits.
With work-life balance in mind, the FMLA provides employees with an opportunity to take reasonable unpaid leave for qualifying family and medical reasons. Qualified reasons for leave include the birth or adoption of a child, providing a child with foster care, taking care of an ill family member and any serious health condition that interferes with an employee’s ability to perform their job. If an employee opts to take a qualified leave of absence, upon return to work, the employee is entitled to the same job free of any discrimination, as well as restoration of other employee benefits.
FMLA also keeps employers' interests in mind. Therefore, FMLA only applies to employers with 50 or more employees. Additionally, employees must give their employers 30-days notice for foreseeable leave and provide medical certification of their reason for leave. Lastly, some states expand upon the benefits offered under FMLA. An employer must offer its employees the most generous rights provided by both the federal and state FMLA laws. Make sure you check your local laws before instituting your FMLA policy at work. For a complete description of both employer and employee responsibilities under FMLA, including the information that must be posted in the workplace, visit the Web sites below.
