perfectionism and - Obsessive-Compulsive Foundation

THE SPENCER LAW FIRM
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Family and Medical Leave
Summary of Key Provisions
The federal Family and Medical Leave Act, 29 U.S.C. section 2101 et seq. (FMLA)
provides job security to an employee who is absent from work due to the
employee’s own serious health condition; or to care for a spouse, parent or child
with a serious health condition; or due to the birth or adoption of a child.
Eligibility The law applies to private sector employers with 50 or more employees
(for at least 20 workweeks in the current or preceding calendar year), and to state,
local and federal agencies and local education agencies (schools) regardless of the
number of employees.
To be eligible for family and medical leave, an employee must work for a covered
employer and:
• have worked for that same employer for at least 12 months, even if not
consecutively; and
• have worked 1,250 or more hours in the 12 months prior to the start of the
family and medical leave; and
• work at a location with 50 or more employees employed by the employee’s
employer within a 75 mile radius.
Leave permitted An eligible employee may take up to 12 workweeks of unpaid leave
in a 12-month period:
• if the employee is unable to work due to a serious health condition;
• if the employee is caring for an immediate family member (spouse, child, or
parent) with a serious health condition; and/or
• due to the birth of and care for a newborn child, or newly placed adopted or
foster child.
The 12 weeks of leave do not have to be taken at the same time. For example, leave
may be taken for a few days in January, one week in early February, one day in late
February, etc. Leave may also be taken by the hour, for example, to attend medical
appointments or to work a reduced schedule (for example, six hours per day instead
of eight hours per day). The only limitation is that the total amount of leave cannot
exceed 12 weeks in one 12-month period. Accrued paid leave, such as vacation or
sick leave, may be used for all or part of the leave.
FMLA Key Provisions
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Marilynn Mika Spencer IOCDF Annual Conference 2013
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