Family & Medical Leave

Under the Family and Medical Leave Act, employers are required under Federal law to provide unpaid leave to their employees under certain circumstances.  The employee must have worked for the employer for at least 12 months and have worked at least 1000 hours during the 12-month period preceding the first day of the leave.

Employers with 250 or more employees had to begin providing up to 12 weeks of leave on July 1, 1990.  After July 1, 1991, employers with 100 or more employees must provide 16 weeks of leave over a two-year period.  After July 1, 1992, employers with 75 employees or more will be subject to the Act.

The leave can be taken in three different situations:  the birth or adoption of a child; (2) the serious illness of a child, spouse or parent; (3) the serious illness of an employee.  A "serious illness" is a disabling physical or mental illness, injury, impairment or condition that involves inpatient care in a hospital, licensed nursing home or a hospice, or outpatient care requiring continuous treatment or supervision.  In most cases, the employee must provide the employer with a notice two weeks prior to this leave.  The employee may also be required to provide information during the leave and to give a two-week notice before their return to work.

The amount of leave time can also be reduced or offset by other leave, including paid vacation or sick time, or other benefits that the employer otherwise provide.

After such a leave, the employee is entitled to return to his/her original position if it is available or, if not, to an equivalent one.  If an employee returning from medical leave is no longer able to perform his/her original job, the employer must provide a suitable job, if one is available.  The employee is also entitled to any fringe benefits, which had accumulated at the beginning of the leave.

Content Copyright 2008 Axelrod & Associates, LLC