The 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. Eligible employees are entitled to:
- Twelve workweeks of leave in a 12-month period for:
- the birth of a child and to care for the newborn child within one year of birth;
- the 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;
- to care for the employee’s spouse, child, or parent who has a serious health condition;
- a serious health condition that makes the employee unable to perform the essential functions of his or her job;
- any 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;” or
- Twenty-six workweeks of leave during a single 12-month period to care for a covered servicemember with a serious injury or illness if the eligible employee is the servicemember’s spouse, son, daughter, parent, or next of kin (military caregiver leave).
Key News
- The U.S. Department of Labor’s Wage and Hour Division today announced a Notice of Proposed Rulemaking (NPRM) to revise the definition of spouse under the Family and Medical Leave Act of 1993 (FMLA) in light of the United States Supreme Court’s decision in United States v. Windsor, which found section 3 of the Defense of Marriage Act (DOMA) to be unconstitutional. The NPRM proposes to amend the definition of spouse so that eligible employees in legal same-sex marriages will be able to take FMLA leave to care for their spouse or family member, regardless of where they live. More information is available at the Wage and Hour Division’s FMLA NPRM Website (June 20, 2014).
- The U.S. Department of Labor’s Wage and Hour Division published a Final Rule to implement statutory amendments to the Family and Medical Leave Act of 1993 (FMLA). The final rule expands the military family leave provisions and incorporates a special eligibility provision for airline flight crew employees, as well as making some additional regulatory changes. More information is available at the Wage and Hour Division’s FMLA Final Rule Website (February 5, 2013).
- The Department of Labor released findings of a survey titled Family and Medical Leave Act in 2012: Final Report which shows that FMLA continues to make a positive impact on the lives of workers without imposing an undue burden upon employers and employers and employees alike find it relatively easy to comply with the law. More information is available on the Wage and Hour Division’s FMLA Survey Webpage. (February 4, 2013)
- WHD hosted a webinar that walked through the basic provisions of the FMLA using the new Employee Guide and answered the public’s general FMLA questions. View the archived webinar and frequently asked questions. (June 27, 2012).
- FMLA Press Releases
General Guidance
- Break Time for Nursing Mothers
- Special Rules for Returning Reservists under USERRA
- FMLA Frequently Asked Questions
- Military Frequently Asked Questions
- Questions and Answers concerning the use of FMLA leave to care for a son or daughter age 18 or older
- FMLA Employee Guide (Spanish)
- FMLA Mini Card (Spanish)
- FMLA Mini Card – Military (Spanish)
- FMLA Military Leave Employee Guide (Spanish)
- Family and Medical Leave Act (Microsoft PowerPoint)
- Field Operations Handbook: Chapter 39
Fact Sheets
- Fact Sheet # 28: The Family and Medical Leave Act of 1993 (PDF)
- Fact Sheet #28A: Employee Protections under the Family and Medical Leave Act (PDF)
- Fact Sheet # 28B: FMLA leave for birth, bonding, or to care for a child with a serious health condition on the basis of an “in loco parentis” relationship (PDF)
- Fact Sheet # 28C: FMLA leave to care for a parent with a serious health condition on the basis of an “in loco parentis” relationship (PDF)
- Fact Sheet # 28D: Employer Notification Requirements under the Family and Medical Leave Act (FMLA) (PDF)
- Fact Sheet # 28E: Employee Notice Requirements under the Family and Medical Leave Act (PDF)
- Fact Sheet # 28F: Qualifying Reasons for Leave under the Family and Medical Leave Act (PDF)
- Fact Sheet # 28G: Certification of a Serious Health Condition under the Family and Medical Leave Act (PDF)
- Fact Sheet # 28H: 12-month period under the Family and Medical Leave Act (FMLA) (PDF)
- Fact Sheet # 28I: Calculation of Leave under the Family and Medical Leave Act (PDF)
- Fact Sheet # 28J: Special Rules for Airline Flight Crew Employees under the Family and Medical Leave Act (PDF)
- Fact Sheet # 28K: “Son or Daughter” 18 years of age or older under the Family and Medical Leave Act (PDF)
- Fact Sheet # 28M: The Military Family Leave Provisions under the Family and Medical Leave Act (PDF)
- Fact Sheet # 28M(a): Military Caregiver Leave for a Current Servicemember under the Family and Medical Leave Act (PDF)
- Fact Sheet # 28M(b): Military Caregiver Leave for a Veteran under the Family and Medical Leave Act (PDF)
- Fact Sheet # 28M(c): Qualifying Exigency Leave under the Family and Medical Leave Act (PDF)
- Fact Sheet # 44: Visits to Employers (PDF)
- Fact Sheet # 77B: Protection for Individuals Under the Family and Medical Leave Act (PDF)
e-Tools
Posters
Forms
- WH-380-E Certification of Health Care Provider for Employee’s Serious Health Condition (PDF)
- WH-380-F Certification of Health Care Provider for Family Member’s Serious Health Condition (PDF)
- WH-381 Notice of Eligibility and Rights & Responsibilities (PDF)
- WH-382 Designation Notice (PDF)
- WH-384 Certification of Qualifying Exigency For Military Family Leave (PDF)
- WH-385 Certification for Serious Injury or Illness of Covered Servicemember — for Military Family Leave (PDF)
- WH-385-V Certification for Serious Injury or Illness of a Veteran for Military Caregiver Leave (PDF)
Interpretive Guidance
- Rulings & Interpretations: FMLA Opinion Letters and Administrator Interpretations
Applicable Laws, Regulations, Rules, and Histories
- Law
- Regulations
- Federal Register
Source: United States Department of Labor, “Family and Medical Leave Act” http://www.dol.gov website. Accessed November 28, 2015. http://www.dol.gov/whd/fmla/
© Copyright 2016. All rights reserved. This content is strictly for informational purposes and although experts have prepared it, the reader should not substitute this information for professional insurance advice. If you have any questions, please consult your insurance professional before acting on any information presented. Read more.
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