The Family and Medical Leave Act went into effect in August 1993 to give employees the ability to take a reasonable amount of leave to care for certain family and medical reasons. This regulation keeps the interests of both employers and their workers in mind while also reducing the chance of gender discrimination. The FMLA is an equal opportunity right for both men and women in the workplace.
Take a closer look at this law and how the U.S. Department of Labor determines eligibility:
FMLA-covered employers
Most organizations are required to provide this leave to their employees. Specifically, these businesses include:
- Private employers with 50 or more workers for 20 or more workweeks in the current or preceding calendar year.
- Public agencies – state, local and federal agencies – as well as local education agencies, including schools.
Length of leave
Under the FMLA, employers are required to offer eligible employees up to 12 weeks of unpaid leave in a 12-month period. This time off is job-protected and enables workers to continue using their group health benefits as if they were still able to work.
The birth of a child is just one of the situations covered under the FMLA.Acceptable reasons for leave
The DOL outlines a number of situations during which workers can utilize their FMLA leave. They are as follows:
- The birth of a son or daughter, and to care for the newborn child.
- The placement of a child for adoption or foster care with an employee, and to care for the newly placed child.
- The care of an immediate family member – spouse, child or parent, but not a parent in law – with a serious health condition.
- When the employee is unable to work due to a serious health condition.
Leave to care for a newborn or newly placed child must end within 12 months after the birth or placement. Employers may require medical certification to approve FMLA leave.
Three-prong test
While it's important to know the specifics of the FMLA, organizations also need to understand there are certain criteria for employee eligibility. People have to work for a covered employer and meet each of the specifications of the DOL's three-prong system:
- Employee must have worked for that employer for at least 12 months.
- Employee must have worked at least 1,250 hours during the 12 months prior to the start of the FMLA leave.
- Employee must work at a location where at least 50 people are employed at that location or within 75 miles of the locale.
It's critical for companies to understand the various requirements they must follow to provide a fair workplace for their employees. FMLA leave is one such obligation. Organizations and their human resources teams should make sure to inform their workers of this legal regulation and the specifications and criteria that accompanies it. If both parties are knowledgeable of the qualifications, there will be less confusion and greater understanding.