Family and Medical Leave Act became effective August 5, 1993, for most employers. FMLA allows employees to balance their work and family life by taking reasonable unpaid leave for certain family and medical reasons. The FMLA seeks to accomplish these purposes in a manner that accommodates the legitimate interests of employers, and minimizes the potential for employment discrimination on the basis of gender, while promoting equal employment opportunity for men and women. FMLA helps to meet significant family needs. The stated goals of the Act include balancing the demands of the workplace with family needs, promoting economic security, promoting security of family and promoting the national interest in preserving family integrity.

The FMLA is quite broad in its scope, covering not only full-time employees, but also part-time, temporary, and seasonal workers. The Family and Medical Leave Act requires covered employers to provide up to 12 weeks of unpaid, job-protected leave to eligible employees for certain family and medial reasons. Basically, FMLA gives employees three basic guarantees which are the right to take leave, health benefits continuation, and reinstatement to the same pos

The last life situation that qualifies for FMLA is the employee’s own serious health condition. The definition of “serious health condition” means an illness, injury, impairment, or physical or mental condition that involves needing care or assistance. It may involve inpatient care in a hospital, hospice, or residential medical care facility, including any period of incapacity (this is defined to mean inability to work, attend school, or perform other regular daily activities due to the serous health condition, treatment therefore, or recovery there from), or any subsequent treatment in connection with such impatient care. A serious health condition has continuing treatment by a health care provider. It can be any incapacity due to pregnancy, or for prenatal care. A chronic serious health condition qualifies if the incapacity requires the absence of more than three calendar days from work, school, or other regular daily activity that involves continuing treatment by a health care provider. A period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective is also qualifying. For example, if the employee has had a stroke. Continuing treatment does not include taking over-the-counter medications or other similar activities that can be initiated without visiting a health care provider. Cosmetic treatments are not serious health conditions unless impatient hospital care is required or complications develop. Treatment for substance abuse by a health care provider or on referral by a health care provider may qualify for leave, but not absence because of use of the substance.

As with all other Acts, FMLA guidelines and standards protect the employer and employee. Congress enacted the Federal and Family Leave Act based on the findings that there were various, significant family needs. These included the importance that parents be able to participate in early child rearing and a lack of employment policies to accommodate working parents forcing them to choose between job security and parenting. Congress found that there was inadequate job security for employees who have serious health conditions that prevent them from working for temporary periods. The sated goals of the FMLA include balancing the demands of the workplace with family needs. The Act has met its purpose, which is to allow needs to be met by families by granting them leave as defined under the eligibility requirements. Congress also intended to minimize the potential for employment discrimination on the basis of sex by providing in the FMLA that leave is available for medical reasons or reasons on a gender-neutral basis. Congress has finally realized the importance of family and how it can affect the workplace. Every employer and employee should fully research this law to find out their rights and requirements. This paper has helped me to research the FMLA thoroughly and I think every employee should do the same.

ition, or one equivalent to it in all respects. The Leave must be taken within a twelve month period. The employer may elect to use the calendar year, a fixed 12-month leave or fiscal year, or a 12-month period prior to or after the commencement of leave as the 12-month period.

FMLA applies to all public agencies, including state, local and federal employers, local education agencies and private-sector employers who employed 50 or more employees in 20 or more workweeks in the current or preceding calendar year. It also applies to those who are engaged in commerce or in any industry or activity affecting commerce, including joint employers and successors of covered employers. For an employee to be eligible for the leave they must have worked at least 12 months for the employer for whom the leave is requested. The 12 months need not be consecutive months. The employee must also have worked at least 1,250 hours during the preceding 12 month period. In determining the number of

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