GeraldMayer
Analyst in Labor Policy
TheFamily and Medical Leave Act of 1993 (FMLA), as amended, is intended to helpemployees balance work and family life. The act provides eligibleemployees with two types of job-protected leave: regular leave andmilitary family leave. In turn, military family leave consists of qualifying exigencyleave and military caregiver leave.
Eligible employees. Under the FMLA, an eligible employee is an employee whohas worked for the employer for at least 12 months (the 12 months need notbe consecutive), has worked a minimum of 1,250 hours in the 12 monthspreceding the start of FMLA leave, and is employed at a worksite where 50or more employees are employed by the employer within 75 miles of that worksite.
Covered employers. The FMLA covers both private and public sectoremployers. The FMLA covers private employers who employed at least 50employees for at least 20 weeks in the preceding or current calendar year.Public agencies are covered by the FMLA regardless of the number ofemployees. To be eligible for FMLA leave, public employees must meet the above employeeeligibility requirements of the act. Public agencies include the federalgovernment and state and local governments. A “state” includes theDistrict of Columbia and the territories and possessions of the UnitedStates.
Job-protected leave. After returning from FMLA leave, employees generallyhave the right to return to the same, or an equivalent, job with the samepay, benefits, and working conditions.
Paid versus unpaid leave. FMLA leave is generally unpaid leave. An employeemay, however, substitute accrued paid leave for FMLA leave. Also, anemployer may require an employee to substitute accrued paid leave forunpaid leave. While an employee is on FMLA leave, an employer mustmaintain the employee’s group health insurance coverage.
Regular FMLA leave. An eligible employee may take up to 12 weeks of leavefor the birth and care of a child; to care for an adopted or foster child;to care for a spouse, a child under age 18, or a parent with a serioushealth condition; or because the employee is unable to work because of his orher own serious health condition.
The 12 weeks of FMLA leave need not be continuous. If there is a medical need,an employee may take “intermittent” leave or work a part-time schedule.Although it is not required, an employer may agree to allow an employee totake intermittent or part-time leave for the birth or care of a child orto care for an adopted or foster child.
Military family leave. Eligible employees may take two types of militaryfamily leave. The first type of leave is for a qualifying exigency.Qualifying exigencies include a “short notice deployment” (which is anotice that a member of the employee’s family will be deployed in seven daysor less); time for the employee to arrange for childcare, make financial orlegal arrangements, or attend official ceremonies; and up to five days ofleave for the employee to spend time with a member of the military who ison temporary leave for rest and recuperation during a deployment.
The second type of military family leave is military caregiver leave. Anemployee who is the spouse, son or daughter (of any age), parent, or nextof kin of a covered servicemember with a serious injury or illness cantake up to 26 weeks of leave during a 12-month period to care for the servicemember.
Airline flight crews. The FMLA has special rules that apply to airlinepilots, flight attendants, and other airline crewmembers. A member of anairline flight crew is eligible for FMLA leave if he or she worked (1) atleast 504 hours during the previous 12-month period for the employer and (2) at least60% of the minimum number of hours that the employee was scheduled to work inany given month or, for an employee who is in “reserve status,” at least60% of the hours that an employee was paid for any given month. The hoursthat airline flight crews work include the hours spent in flight and thehours that a crewmember is on duty but not in flight. The hours that a crewmemberis on duty may include hours between flights or hours during which a crewmember ison reserve status waiting to be called to duty.
Date of Report: September 28, 2012
Number of Pages: 13
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