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Ask WomensFinance? : Answer |
Q: What is the Family and Medical
Leave Act?
A: The Family and Medical Leave
Act (FMLA) ensures employees are granted up to 12 weeks of unpaid leave per year for the
birth of a child, family health needs, or an employee's personal medical condition. Any
group health benefits that were in effect prior to the leave period are maintained as
though the employee is still actively working. Additionally, employees are guaranteed job
preservation until they return back to work.
The FMLA was designed to "allow employees to balance their work and family life by
taking reasonable unpaid leave for certain family and medical reasons. The FMLA seeks to
accomplish these purposes in a manner that accommodates the legitimate interests of
employers, and minimizes the potential for employment discrimination on the basis of
gender, while promoting equal employment opportunity for men and women."
Leave Entitlement
Specifically, leave entitlement should be granted:
- For the birth of a new child
or for the care of a newborn. Adoption and foster care also qualify for the FMLA.
- For the care of an immediate
family member who has a serious health condition -- and when the employee is unable to
work because of a serious health condition.
Employee
Eligibility
To be eligible under the FMLA, an employee must:
- Work for a covered employer (see below).
Been employed for at least
12 months with that employer.
Work at a location where at
least 50 employees are employed.
Covered Employers
- Government agencies, education agencies (schools), and federal, state, or local
employers.
Private employers who have
50 or more employees for at least 20 work weeks during the year.
Resource:
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