FMLA Basics
What is the Family and Medical Leave Act (“FMLA”)?
The Family and Medical Leave Act (“FMLA”) is a national law that allows certain employees to take up to 12 workweeks of unpaid leave during a 12-month period for applicable family and personal medical reasons.[1]
Does the FMLA Apply to My Employer?
Not all employers are required to provide FMLA leave. There are three main types: (1) private employers with 50 or more employees during a relevant period of time; (2) public agencies, such as a local, state, or federal government agency, regardless of the number of employees; and (3) a public or private elementary or secondary school, regardless of the number of employees.[2]
If the FMLA Applies to My Employer, Does that Mean it Applies to Me?
Once you determine whether your employer is included in the FMLA, you also need to figure out if the FMLA applies to you. In addition to working for a covered employer, you must: (1) have worked for your employer for no less than 12 months; (2) have worked for no less than 1,250 hours during the 12-month timeframe immediately before you seek to take leave; and (3) have worked at a location where your employer has no less than 50 employees with a 75-mile area.[3] The 12-months of employment do not need to be consecutive so long as you have worked the specified number of hours during the prior 12 months.[4]
Okay, I Think I am Eligible—What Type of Events Entitle Me To Leave?
Although there are many more specifics, the following generally entitle you to FMLA leave: (1) the birth of a child or placement of a child with you for adoption or foster care; (2) the need to care for a spouse, child, or parent who has a serious health condition; (3) a serious health condition that makes you unable to perform the essential functions of your job; or (4) any qualifying circumstance due to the active duty of a spouse, child, or parent who is a member of the military.[5]
Do I Have to Take FMLA Leave All at Once?
No—in certain cases, you may be able to take FMLA leave on a sporadic or reduced schedule, so that you can take a period of time off or work less time each day.[6] In addition to being eligible for this leave, you also have an obligation to alert your employer as soon as possible once you think you need FMLA leave, so that your employer can plan appropriately.
Will My Job Change When I Return?
No, the FMLA requires that your employer return you to your original job or an equal job with the same pay, benefits, and other terms and conditions of employment.[7]
There are many variations and additional details applicable to the basic principles described above. If you would like to discuss your situation with us, please feel free to call or e-mail us at any time. You will be on the phone with an attorney within 24 hours.
RESOURCES:
[1] In New York, there is also a Paid Family Leave Act, that, as its name suggests, provides compensation to employees under certain circumstances, but we will address that another time.
[2] https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/whdfs28.pdf
[3] https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/whdfs28.pdf
[4] https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/whdfs28.pdf
[5] https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/whdfs28.pdf
[6] https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/whdfs28.pdf
[7] https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/whdfs28.pdf