Family and Medical Leave Act (1993)
10 July 2006Family and Medical Leave Act (1993), 29 U.S.C. §§2601 et seq.
Coverage and Prohibition: Employers with 50 or more employees, and all public agencies and schools, are required to provide eligible employees with up to 12 weeks of unpaid leave in any 12-month period for the following reasons: (1) to care for a newborn child, or upon placement with the employee of a child for adoption or foster care; (2) to care for a spouse, child, or parent who has a serious health condition; or (3) when the employee is unable to work because of the employee’s own serious health condition. A “serious health condition” includes any illness, injury, impairment, or physical or mental condition that involves either inpatient care or “continuing treatment” by a health care provider. The Act defines an eligible employee as one who: (1) has worked for the employer for at least 12 months (not necessarily consecutively); (2) has worked for the employer for at least 1,250 hours in the previous 12 months; and (3) works at, or is assigned to, a worksite with 50 or more employees or within 75 miles of worksites that taken together have a total of 50 or more employees. Employers ordinarily must reinstate employees to the same position or an equivalent position upon return from the leave and employees taking leave under the Act are entitled to receive health benefits during the leave on the same terms as if they had been at work. Additionally, employees returning from covered leave must be reinstated to equivalent benefits without waiting periods or exclusions.
Employers may apply any accrued paid vacation, personal, and sick days toward the 12-week leave of seriously ill employees or of employees caring for a seriously ill family member. Likewise, employees caring for a new child may be required to apply any accrued vacation days or other accrued personal paid leave toward the mandated leave. Leaves may be taken on an intermittent or reduced leave schedule when medically necessary or when the employer agrees to this type of schedule.
Enforcement: The Act is administered by the Department of Labor, Wage and Hour Division, under an approach modeled on the enforcement procedures of the Fair Labor Standards Act (see above). Civil suits may be filed by the Secretary of Labor and individual aggrieved employees.
Remedies: An employee may recover actual monetary losses, such as back pay and benefits, with interest, as well as equitable relief, such as reinstatement or promotion. An employee also can recover an additional amount equal to the employee’s actual losses plus interest if the violation is determined to be willful. Attorneys’ fees and costs also be may awarded.
Related Regulations:
Department of Labor: Family and Medical Leave Act Regulations, 29 C.F.R. Part 825.
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