What does FMLA mean?
It stands for the Family and Medical Leave Act.
FMLA states that any employer anywhere in the US must give its employees up to twelve weeks of unpaid leave within a 12-month period and have the right to be returned to work without issue .
Who is eligible for FMLA?
To be eligible for this law and receive pay for up to twelve weeks, an employee must work at their job for at least 1,250 hours and for at least one year. However, if your workplace has fewer than 50 workers on the job site or within 75 miles, then you are not eligible for anything to do with FMLA.
With respect to FMLA, leave is only available for the following reasons:
1. When a child is born and the father must take care of that child.
2. When the worker has a serious medical condition that affects his work and cannot work.
3. When the worker must take care of a child, parent or spouse who is in a serious state of health.
4. When the employee decides to adapt a child and needs to take care of things.
Now, since leave time is limited to 12 weeks, the employee does not have to take all of this time off at once. They can take time off at any time during a twelve month period. When the leave is for the birth of a child or adaptation, then this person must enjoy this time consecutively. However, when the leave is related to some type of medical condition of the employee himself or a serious health condition of a family member, inconsistent leave is available.
Does FMLA require the employee to be paid?
No, this law does not require an employer to pay an employee during their leave period. Unless the employer tells his employee that he will need to use his increased paid vacation or even vice versa.
What about health coverage?
If the employer provides health insurance coverage to its employees, it must continue to provide health insurance at no additional charge during the employee’s absence from work.
