The Family Leave Act (“FMLA”) – What Is It?

pspanThe Family and Medical Leave Act of 1993 (FMLA) entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. Employees are also entitled to return to their same or an equivalent job at the end of their FMLA leave./span/ppspanThis article intends to shed some light about the following:/span/pullipspanWhich employers are covered by the FMLA/span/p/lilipspanWhen employees are eligible and entitled to take FMLA leave/span/p/lilipspanWhat rules apply when employees take FMLA leave/span/p/li/ulpstrongEligible employees under FMLA are entitled to:/strong/pullipspan12 workweeks of leave in a 12-month period for:/span/p/liullipspanthe birth of a child and to care for the newborn child within one year of birth/span/p/lilipspanthe placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement/span/p/lilipspanto care for the employee’s spouse, child, or parent who has a serious health condition/span/p/lilipspana serious health condition that makes the employee unable to perform the essential functions of his or her job/span/p/lilipspanany qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty”/span/p/li/ullipspan26 workweeks of leave during a single 12-month period to care for a covered service member with a serious injury or illness if the eligible employee is the service member’s spouse, son, daughter, parent, or next of kin (military caregiver leave)./span/p/li/ulpstrongThe FMLA applies to all:/strong/pullipspanpublic agencies, including local, State, and Federal employers, and local education agencies (schools)/span/p/lilipspanprivate sector employers who employ 50 or more employees for at least 20 workweeks in the current or preceding calendar year – including joint employers and successors of covered employers./span/p/li/ulpspanThe foregoing information is courtesy of the /spana href=https://www.dol.gov/whd/fmla/ target=_blankspanUnited States Department of Labor/span/aspan and their /spana href=https://www.dol.gov/whd/fmla/fmla-faqs.htm target=_blankspanFAQ page/span/aspan: /span/ppspanThe FMLA has served as the cornerstone of the Department of Labor’s efforts to promote work-life balance since President Clinton signed the legislation in 1993. For those who would argue that compliance with the FMLA is burdensome, at best, the best available evidence suggests that adopting flexible practices in the workplace potentially boosts productivity, improves morale, and benefits the economy./span/ppspanThe Family and Medical Leave Act codified a simple and fundamental principle: Workers should not have to choose between the job they need and the family members they love and who need their care. The significance of the FMLA is in its recognition that workers aren't just contributing to the success of a business, but away from their jobs they are contributing to the health and well-being of their families. The intent of the FMLA is to promote economic security of families and serve the national interest in preserving family integrity./span/ppspanThere will be those employers who view the impact of the FMLA requirements as economically burdensome and counter-productive to their business. In order to dissuade the naysayers from non-compliance and uncooperative conduct Section 105 of the FMLA and section 825.220 of the FMLA regulations prohibit the following actions:/span/pullipspanAn employer is prohibited from interfering with, restraining, or denying the exercise of, or the attempt to exercise, any FMLA right. /span/p/lilipspanAn employer is prohibited from discriminating or retaliating against an employee or prospective employee for having exercised or attempted to exercise any FMLA right. /span/p/lilipspanAn employer is prohibited from discharging or in any other way discriminating against any person, whether or not an employee, for opposing or complaining about any unlawful practice under the FMLA. /span/p/lilipspanAll persons, whether or not employers, are prohibited from discharging or in any other way discriminating against any person, whether or not an employee, because that person has — /span/p/liullipspanFiled any charge, has instituted, or caused to be instituted, any proceeding under or related to the FMLA; /span/p/lilipspanGiven, or is about to give, any information in connection with an inquiry or proceeding relating to any right under the FMLA; or /span/p/lilipspanTestified, or is about to testify, in any inquiry or proceeding relating to a right under the FMLA./span/p/li/ul/ulpstrongExamples of prohibited conduct include: /strong/pullipspanRefusing to authorize FMLA leave for an eligible employee, /span/p/lilipspanDiscouraging an employee from using FMLA leave, /span/p/lilipspanManipulating an employee’s work hours to avoid responsibilities under the FMLA, /span/p/lilipspanUsing an employee’s request for or use of FMLA leave as a negative factor in employment actions, such as hiring, promotions, or disciplinary actions, or, /span/p/lilipspanCounting FMLA leave under “no fault” attendance policies./span/p/li/ul