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FMLA - The Family Medical Leave Act

By , About.com Guide

Updated June 09, 2008

Definition:

The FMLA, Family Medical Leave Act, was enacted into law in 1993, and allows employees to take temporary leave from their workplace for medical reasons once the employee has worked for that employer for at least 12 months, or 1,250 hours during the previous 12 months. The Act recognizes the growing need to balance work and family life.

The employee is entitled to take up to 12 work weeks of unpaid leave within a 12-month period. The employee continues to receive benefits, and is promised the same position, or a substantially equal position, upon his or her return.

There are a handful of reasons an employee may take paid time off from work through the FMLA:

  • The birth and care of a newborn child (mothers and fathers)
  • To complete adoption or foster care arrangements (mothers and fathers)
  • To care for an immediate family member, including a spouse, child or parent, who has a serious health condition
  • To take medical leave for a serious health condition that impairs the employees ability to work

The act is enforced when there are 50 or more employees within the enterprise or organization, and when an employee lives within a 75 mile radius of the place of employment.

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