The Family Medical Leave Act was enacted in 1993. In general, the Act entitles an eligible employee to take up to 12 work weeks of unpaid leave during any 12-month period of time for the birth of a child and to care for such child, for the placement of a child for adoption or foster care, to care for a spouse or an immediate family member with a serious health condition or when he or she is unable to work because of a serious health condition.
Employers covered by the law are required to maintain any pre-existing group health insurance coverage during the leave period. Once the leave period is concluded, the employer must reinstate the employee to the same or an equivalent job with equivalent employment benefits, pay and other terms and conditions of employment.
Generally, the Act requires that a private employer must employ 50 or more employees before being subject to the Act.
The Act only requires the employer to provide unpaid leave from work. However, if an employer provides paid leave for fewer than 12 work weeks, the additional weeks necessary to attain the 12 work weeks may be unpaid.
The enactment of the Family and Medical Leave Act was predicated on 2 fundamental concerns; 1) the needs of the American workforce and 2) the development of high-performance organizations. America's children and elderly are growing increasingly dependent upon family members who must spend long hours at work. When a family emergency arises, requiring workers to attend to seriously-ill children or parents, a new-born or adopted infant or even to their own serious illness, workers need reassurance that they will not be asked to choose between continuing their employment and meeting their personal and family obligations.
If you feel that your rights which are protected by the Family and Medical Leave Act may have been violated, a consultation with an attorney may help determine if you have a cause of action.
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