FMLA Family and Medical Leave Act of 1993
Navigating the Family and Medical Leave Act (FMLA) of 1993
What is the Family and Medical Leave Act of 1993 (FMLA)?
The Family and Medical Leave Act of 1993, commonly known as FMLA, is a pivotal law mandating that businesses grant employees up to 12 weeks of unpaid leave annually for health and family-related reasons. This legislation ensures protection for employees during significant life events, such as the birth of a child, caring for a family member with a serious health condition, or attending to the health needs of a military service member in the family.
Origins and Amendments to FMLA
FMLA was enacted on February 5, 1993, following its endorsement by President Bill Clinton. The law officially took effect on August 5, 1993. Subsequent amendments in 2008, 2010, and 2015 aimed to refine and expand the scope of FMLA, particularly by clarifying the definition of family members covered by the act.
FMLA Coverage for Employers: The 50/75 Rule
Under the 50/75 rule, FMLA coverage is mandatory only for companies with 50 or more employees situated within a 75-mile radius of the company’s primary work site.
Eligibility Criteria for Employees
Employees must meet specific criteria to be eligible for FMLA. They are eligible if they:
- Work for an FMLA-covered employer.
- Have a minimum of 12 months of employment (not necessarily consecutive) with the employer.
- Have worked at least 1,250 hours for the employer before taking leave.
FMLA Coverage: Family Members and Beyond
Federal law under FMLA initially covered immediate family members, including parents, spouses, and children. However, 2008 amendments expanded coverage to encompass next of kin and adult children, acknowledging the rights of individuals in same-sex or common-law marriages. Some states have further broadened the definition of immediate family to include grandparents, parents-in-law, civil union partners, and more.
Duration of FMLA Leave
FMLA permits an employee to take leave for up to 12 weeks, which can be utilized continuously or intermittently under special circumstances, such as the birth of a child or necessary medical treatments.
Employer Actions: Layoffs During FMLA and Termination After FMLA Leave
While an employee can be laid off during FMLA leave, the law guarantees their right to return to their job after taking leave. However, this protection doesn’t extend to situations where the termination would have occurred even without the FMLA leave.
Terminating someone after FMLA leave is a delicate matter. Employers must exercise caution and provide evidence that the termination decision was independent of the employee’s FMLA leave. Acceptable circumstances for post-FMLA termination include non-compliance with supervisor orders, pre-existing performance issues, or frequent tardiness or absenteeism.
In all instances, employers should navigate FMLA with a clear understanding of its provisions and consult legal counsel when making decisions that involve FMLA-protected situations.