Family Medical and Leave Act

2. Overview
Who’s covered and Why
How it Works: Entitlements and Requirements
Employee Rights to Know!
Additional Assistance

3. Who’s Covered and Why
Balance between family and work
Promote stability and economic security
Applies to private and public working sector
Private must have 50 or more employees working each
day for 20 calendar weeks/ year

4. Who’s Covered and Why
To be eligible:
Be employed by a covered employer and work at a worksite
within 75 miles of which that employer employs at least 50
people;
Have worked at least 12 months (which do not have to be
consecutive) for the employer; and
Have worked at least 1,250 hours during the 12 months
immediately before the date FMLA leave begins.

5. Exceptions!
An employer need not count employment prior to a
break in service of seven years or more unless there
was a written agreement between the employer and
employee (including a collective bargaining
agreement) to rehire the employee, or the break in
service was due to fulfillment of military service in the
National Guard or Reserves.

6. How it Works: Entitlements and
Requirements
Twelve workweeks of leave in any 12-month period for:
Birth and care of the employee's child, within one year of
birth
Placement with the employee of a child for adoption or foster
care, within one year of the placement
Care of an immediate family member (spouse, child, parent)
who has a serious health condition
Continued….

7. How it Works: Entitlements
and Requirements
For the employee's own 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 on active duty or has been notified
of an impending call or order to active duty in the U.S. National Guard
or Reserves in support of a contingency operation
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
employee is the spouse, son, daughter, parent, or next of kin of the
servicemember (Military Caregiver Leave)

8. How it Works: Entitlements
and Requirements
For any foreseeable leave employee must provide 30 days notice
For unforeseeable leave employee must submit as soon as possible
Leave may be take intermittently during 12 month period
Pending employer approval
Not needed for medically necessary events (pregnancy or serious illness)
Employer may require proper documentation for leave approval as well
as for return to work (if own health)

9. Employee Rights
All covered employees are entitled and should feel no stress
to take FMLA
Same or equivilant position must be given back to employee
If employees feel unfair treatment they may file with the
Wage and Hour Division office near them
To read more please visit http://www.dol.gov/whd/america2.htm

10. Additional Assistance
For further assistance or details please visit the following:
• Compliance Assistance: 1-866-4USWAGE (1-866-487-9243)
• Family and Medical Act Advisor
• FMLA Fact Sheet
• FMLA for Military Members
• FMLA Compliance Guide

11. Overview
Who’s covered and Why
How it Works: Entitlements and Requirements
Employee Rights to Know!
Additional Assistance