Federal FMLA

The federal Family and Medical Leave Act entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons. It applies to private-sector employers who have 50 or more employees in 20 or more work weeks in the current or preceding calendar year.

Public agencies, including local, state, and federal government agencies, as well as public and private elementary and secondary schools, are also covered by the federal FMLA, regardless of the number of employees they employ.

In order to be eligible for FMLA leave, an employee: (1) must have worked at least 12 months (need not be consecutive) for the employer; (2) must have worked at least 1,250 hours during the 12 months immediately preceding the date of commencement of FMLA leave; and (3) must work at a location where the employer has at least 50 employees within 75 miles.

Under the federal FMLA, a covered employer must grant an eligible employee up to a total of 12 work weeks of unpaid, job-protected leave during any 12-month period for one or more of the following reasons:

• the birth or placement of a child with the employee for adoption or foster care;
• to care for an immediate family member (spouse, child, or parent) with a serious health condition;
• the employee’s own serious health condition; or
• any qualifying exigency arising from the foreign deployment of the employee’s spouse, son, daughter, or parent.

A covered employer must also grant an eligible...

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