Family and Medical Leave Act of 1993

Family and Medical Leave Act of 1993

The Family and Medical Leave Act of 1993 (FMLA) is a United States federal law that requires covered employers to provide employees with job-protected and unpaid leave for qualified medical and family reasons. These include pregnancy, adoption, foster care placement of a child, personal or family illness, or family military leave. The FMLA is administered by the Wage and Hour Division of the United States Department of Labor.

Background

Prior to the enactment of the FMLA, there was no federal law that guaranteed job protection for workers who needed to take time off for serious health conditions or to care for family members. The FMLA was signed into law by President Bill Clinton on February 5, 1993, and took effect on August 5, 1993. Its purpose is to balance the demands of the workplace with the needs of families, to promote the stability and economic security of families, and to promote national interests in preserving family integrity.

Eligibility

To be eligible for FMLA leave, an employee must work for a covered employer, have worked for the employer for at least 12 months, have at least 1,250 hours of service for the employer during the 12 month period immediately preceding the leave, and work at a location where the employer has at least 50 employees within 75 miles.

Covered Employers

Covered employers include all public agencies, including state, local and federal employers, and local education agencies (schools), as well as private sector employers who employ 50 or more employees for at least 20 workweeks in the current or preceding calendar year.

Leave Entitlement

Eligible employees are entitled to:

• Twelve workweeks of leave in a 12-month period for:
  • the birth of a child and to care for the newborn child within one year of birth;
  • the placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;
  • to care for the employee’s spouse, child, or parent who has a serious health condition;
  • a serious health condition that makes the employee unable to perform the essential functions of his or her job;
  • any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty;”
• Twenty-six workweeks of leave during a single 12-month period to care for a covered servicemember with a serious injury or illness if the eligible employee is the servicemember’s spouse, son, daughter, parent, or next of kin (military caregiver leave).

Protections

The FMLA provides certain protections for employees taking leave. Upon return from FMLA leave, an employee must be restored to his or her original job or to an equivalent job with equivalent pay, benefits, and other terms and conditions of employment. The use of FMLA leave cannot result in the loss of any employment benefit that the employee earned or was entitled to before using FMLA leave.

Enforcement

The United States Department of Labor is responsible for administering and enforcing the FMLA for most employees. If an employee believes his or her FMLA rights have been violated, the employee may file a complaint with the Department of Labor or bring a private lawsuit against the employer.

Amendments and Related Acts

The FMLA has been amended several times since its enactment. Notable amendments include the National Defense Authorization Act for FY 2008 (NDAA), which expanded FMLA military family leave provisions, and the Airline Flight Crew Technical Corrections Act (AFCTCA), which established special hours of service eligibility requirements for airline flight crew members.

Conclusion

The Family and Medical Leave Act of 1993 represents a significant step forward in recognizing the needs of working families. By providing job-protected leave for certain family and medical reasons, the FMLA helps employees balance work and family responsibilities.

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