Family and Medical Leave Act
What is the FMLA?
The Family and Medical Leave
Act (FMLA) went into effect on August 5, 1993. FMLA provides employees with
up to 12 weeks of unpaid leave within a 12 month period during which their jobs
are protected. Job restoration is guaranteed unless the employee is unable to
perform the essential functions of the job.
This leave can be used to
care for a newborn or newly adopted child, to care for a seriously ill spouse,
child or parent, or to take care of one’s own serious health condition.
Health benefits must be maintained by the employer during this leave, but premiums
paid may be recovered under limited circumstances if the employee does not return
to work. Employees may be required to use personal, vacation and sick leave
before using leave under this law.
When an employee requests
leave, it is the employer’s responsibility to designate the leave as FMLA
leave. This may be done via a letter to the employee. If the employer fails
to do so, the leave may not be counted toward fulfillment of the employer’s
12 week FMLA obligation.
How does FMLA impact any
requirements to provide reasonable accommodations?
Employees with disabilities
may request a leave of absence to address a medical condition or to get treatment
for the disability. This leave could be considered either a reasonable accommodation
under the Americans with Disabilities Act or a request to use FMLA leave - it
is the employer’s responsibility to determine which leave. The final regulations
for the FMLA state that the provisions of the FMLA are to be considered separate
and distinct from reasonable accommodations provisions of the ADA.
The FMLA regulations also
state that an employee who is no longer able to perform the essential functions
of the job does not have a right to job restoration under the FMLA. However,
the ADA may obligate the employer to provide an accommodation if the individual
is a qualified individual with a disability, unless it would cause undue hardship.
Go to the Americans with Disabilities Act for more information on the ADA. Since this is a complicated area, employers
can ensure that they are acting legally by informing the employee of his or
her rights under each law.
Which employers are required
to follow FMLA?
Employers who are required
to comply with this law are those private employers with at least 50 employees
within a 75 mile area and all public employers (state, local and federal government
organizations).
Who is covered by FMLA?
To be eligible, an employee
must have been employed a minimum of 12 months (not necessarily consecutive).
During the 12 months preceding the leave, the employee must have worked at least
1,250 hours. Leave due to the serious health condition of a spouse, child, parent
or of oneself is clearly defined in the law, primarily an injury, impairment
or physical or mental condition that involves either inpatient care or continuing
treatment by a health care provider. These conditions also include mental illnesses
resulting from stress; substance abuse is covered only if the leave is to seek
treatment from a health care provider.
Who is responsible for
enforcement of FMLA?
The U. S. Department of
Labor (DOL), Wage and Hour Division, is responsible for enforcement of this
law. For more information, contact the Department at (202) 219-8743 (voice)
or (800) 326-3577 (TDD). A Compliance Guide to the Family and Medical Leave
Act is also available from the DOL at no cost.
Source for
material on FMLA: Washington Business Group on Health, ADA Information Brief.
Vol. 2, No. 1, The Americans with Disabilities Act and Other Employment Laws:
Implications for Employees with Psychiatric Disabilities.
Note: The information contained in these pages is for educational purposes only, and is not legal advice. Individuals should contact the appropriate legal resources for specific legal advice regarding their particular situations.
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