Federal FMLA
The Family and Medical Leave Act (FMLA) provides certain employees with up to 12 weeks of unpaid, job-protected leave per year. It also requires that their group health benefits be maintained during the leave.
FMLA is designed to help employees balance their work and family responsibilities by allowing them to take reasonable unpaid leave for certain family and medical reasons. It also seeks to accommodate the legitimate interests of employers and promote equal employment opportunities for men and women.
FMLA applies to all public agencies, all public and private elementary and secondary schools, and companies with 50 or more employees. These employers must provide an eligible employee with up to 12 weeks of unpaid leave each year for any of the following reasons:
- For the birth and care of the newborn child of an employee;
- For placement with the employee of a child for adoption or foster care;
- To care for an immediate family member (i.e., spouse, child, or parent) with a serious health condition; or
- To take medical leave when the employee is unable to work because of a serious health condition.
Employees are eligible for leave if they have worked for their employer at least 12 months, at least 1,250 hours over the past 12 months, and work at a location where the company employs 50 or more employees within 75 miles. Whether an employee has worked the minimum 1,250 hours of service is determined according to FLSA principles for determining compensable hours or work.
State FMLA Programs
Thirteen states and the District of Columbia have enacted mandatory paid family leave systems. An additional eight states have voluntary systems that provide paid family leave through private insurance. Of the 22 total state leave laws, 18 have been implemented and the remaining are not yet in effect. Most of these state laws provide parental and family caregiving leave as well as temporary disability insurance to cover paid personal medical leave.
For details provided by the Bipartisan Policy Center by state click here.
Story sourced from Federal Department of labor, National Conference of State Legislators, and the Bipartisan Policy Center.
