FMLA
What does "FMLA" mean in law?
The Family and Medical Leave Act of 1993 (FMLA) is a federal statute that entitles eligible employees of covered employers to take up to twelve weeks of unpaid, job-protected leave per year for specified family and medical reasons, including the birth or adoption of a child, a serious health condition of the employee or an immediate family member, or qualifying exigencies related to military service. To be eligible, an employee must have worked for the employer for at least twelve months, logged at least 1,250 hours in the preceding twelve months, and work at a location with fifty or more employees within a seventy-five-mile radius. Upon return from FMLA leave, the employee must be restored to the same or an equivalent position with equivalent pay, benefits, and working conditions. Interference with FMLA rights or retaliation for exercising them gives rise to a private cause of action.
Definition
The Family and Medical Leave Act of 1993 (FMLA) is a federal statute that entitles eligible employees of covered employers to take up to twelve weeks of unpaid, job-protected leave per year for specified family and medical reasons, including the birth or adoption of a child, a serious health condition of the employee or an immediate family member, or qualifying exigencies related to military service. To be eligible, an employee must have worked for the employer for at least twelve months, logged at least 1,250 hours in the preceding twelve months, and work at a location with fifty or more employees within a seventy-five-mile radius. Upon return from FMLA leave, the employee must be restored to the same or an equivalent position with equivalent pay, benefits, and working conditions. Interference with FMLA rights or retaliation for exercising them gives rise to a private cause of action.
Example
An employee diagnosed with cancer who requests twelve weeks of leave for chemotherapy treatment is entitled to FMLA leave and must be reinstated to her same or equivalent position upon return.