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 toll free
at (866) 487-9243 or (202) 693-0067 (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.
Reasonable Accommodations Home Page
The facts on this website are believed to be correct at the time of publication but cannot be guaranteed.
© 1997, Center for Psychiatric Rehabilitation, Boston University
