Family Medical Leave

FMLA is short for "Family Medical Leave Act", a federal law enacted in 1993, that allows eligible employees to take up to 12 weeks of unpaid leave for a serious health condition, to care for a sick parent, spouse or child, or the birth or adoption of a child.

Please note: There are also state laws that apply to some of the same aspects of medical leave as FMLA. These laws vary from state to state and may provide more generous benefits to the employee than those provided by FMLA. Therefore, it is important that you verify which law applies to your particular situation and follow the requirements of that law. Contact your Human Resources Representative for more information.

This section will give you a brief overview of the basics of FMLA. It is not a comprehensive description of the requirements. In order to have a full understanding of what you, as the manager, need to do to comply with FMLA laws, you must contact your Human Resources Representative or consult your HR policies and procedures. Also, the Department of Labor website (www.dol.gov) has extensive information about the provisions of the Act and other labor topics.

Job Benefits and Protection

• For the duration of FMLA leave, the employer must maintain the employee's health coverage under any "group health plan."
• Upon return from FMLA leave, most employees must be restored to their original or equivalent positions with equivalent pay, benefits and other employment terms.
• The use of FMLA leave cannot result in the loss of employment benefits that accrued prior to the start of an employee's leave.

Unlawful Acts by Employers

FMLA makes it unlawful for any employer to:

• interfere with, restrain, or deny the exercise of any right provided under FMLA.
• discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding relating to FMLA.

Enforcement:

• The U.S. Department of Labor is authorized to investigate and resolve complaints of violations.
• An eligible employee may bring a civil action against an employer for violations.
• FMLA does not affect any federal or state law prohibiting discrimination, or supersede any state or local law or collective bargaining agreement which provides greater family or medical leave rights.