Family and Medical Leave Act (FMLA)

Basic FMLA Requirements

Under the FMLA, an "eligible" employee may take up to 12 workweeks of leave during any 12-month period for one or more of the following reasons:

• The birth of a child, and to care for the newborn child;
• The placement of a child with the employee
through adoption or foster care, and to care
for the child;
• To care for the employee's spouse, son, daughter, or parent with a serious health
condition;
• Because a serious health condition makes the employee unable to perform one or more of the essential functions of his or her job.

Other rights:

• During FMLA leave, an employer must maintain the employee's existing level of coverage under a group health plan.

• At the end of FMLA leave, an employer must take an employee back into the same or an equivalent job.

FMLA Poster

Pursuant to the rules established by the Wage and Hour Division (WHD) of the US Department of Labor all covered employers are required to display and keep displayed a poster prepared by the Department of Labor summarizing the major provisions of The Family and Medical Leave Act (FMLA) and telling employees how to file a complaint.

The poster must be displayed in a conspicuous place where employees and applicants for employment can see it. A poster must be displayed at all locations even if there are no eligible employees.

Employers covered by the FMLA  

• The FMLA covers private employers with 50 or more employees.

• State and local government employers are covered regardless of the number of employees.