Taking Family and Medical Leave
by
Lisa Guerin, J.D.
Get information about all of the benefits you may be entitled to before taking a family or medical leave.
Surveys prove it time and again: We all want more balance between the demands of our jobs and our personal and family needs. The Family and Medical Leave Act, or FMLA, provides some important -- but limited -- help. This law, passed by Congress in 1993, requires certain employers to give their workers up to 12 weeks off per year to care for a seriously ill family member, recuperate from a serious illness, or take care of a newborn or newly adopted or foster child. When they return from leave, these workers have the right to be reinstated to the same or an equivalent position. But FMLA leave is unpaid -- and that's where, critics say, the law falls woefully short of its goals.
In addition to the federal FMLA, many states have enacted their own family and medical leave laws, some of which cover more workers or provide greater benefits than the federal law. And many employers are picking up where federal and state law leaves off. Because of this often complicated maze of laws, it's important that you gather information on all of the benefits and legal protections that apply to your situation before you take a leave from work.
Federal Law: The FMLA
An employee is entitled to FMLA leave if all three of the following conditions are met:
- Number of employees. The employer has 50 or more employees who work within a 75-mile radius. All employees on the payroll -- including part-time workers and workers out on leave -- count toward the total.
- Length of time employed. The employee has worked for the employer for at least 12 months.
- Hours worked. The employee has worked at least 1,250 hours (about 25 hours a week) during the 12 months immediately preceding the leave.
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