Unforeseen circumstance or life’s unruly dealings can mandate that an employee needs to take family or medical leave away from their work. Are you or an employee entitled to family or medical leave? The Department of Labor outlines the Family and Medical Leave Act (FMLA) below:

“The Family and Medical Leave Act  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 opportunity 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 (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.

Time taken off work due to pregnancy complications can be counted against the 12 weeks of family and medical leave.

A final rule effective on January 16, 2009, updated the Family and Medical Leave Act regulations to implement new military family leave entitlements enacted under the National Defense Authorization Act for FY 2008.

Special rules apply to employees of local education agencies. The Department of Labor administers Family and Medical Leave Act; however, the Office of Personnel Management (OPM) administers FMLA for most federal employees.” (dol.gov)

Here are more free resources about FMLA from the Department of Labor:

Compliance Assistance: Family and Medical Leave Act

Fact Sheet on FMLA

FMLA Compliance Guide

elaws FMLA Advisor

The FMLA Poster

Train Your Management Staff

The FMLA: Everything You Need to Know DVD

Understanding the New FMLA Training DVD

FMLA Essentials Training Course