The Family and Medical Leave Act (FMLA) is a federal law that provides employees in the United States with the right to take unpaid, job-protected leave for certain medical and family reasons. It applies to all public agencies, all public and private elementary and secondary schools, and employers with at least 50 employees.
FMLA-Protected Reasons for Time Off
The FMLA grants employees up to 12 weeks of unpaid leave per year. This can be used for the following reasons:
- The birth, adoption, or placement of a child or to bond with a newborn, or a newly adopted or placed child.
- To care for yourself, a spouse, or an immediate family member (parent, child, or sibling) with a serious health condition.
- To take medical leave when your own serious health condition keeps you from working.
- Any “qualifying exigency” arising out of your spouse or daughter or son being on active duty (or having to be on active duty) with the Armed Forces.
FMLA-Protected Medical Leave Benefits
The FMLA also grants employees certain protections when taking medical leave. These include the right to return to their job with the same pay, benefits, and job status, and the right to continue to receive most group benefits during their leave.
Employees who use their medical leave are also protected from discrimination or retaliation from their employer. In addition, employers are prohibited from interfering with an employee’s use of the FMLA by denying or discouraging the use of medical leave.
Understanding Your Rights Under the FMLA
When taking medical or family leave, it’s important to understand your rights under the FMLA. Each state has its own set of laws that supplement the FMLA, so it’s important to familiarize yourself with these laws, as well as the federal law, before taking the leave. It’s also important to note that employers vary in their policies on the FMLA, so it’s important to be aware of any specific changes made by your employer.
By familiarizing yourself with the rules of the FMLA, you can ensure that you fully understand your rights and responsibilities if you do have to take a medical or family leave.