Family Leave Regulations

Federal family leave regulations are currently outlined the Family and Medical Leave Act of 1993 ("FMLA"). The FMLA is a government regulation that allows employees to take a temporary leave for illness in their family. The current benefits of the FMLA include twelve weeks of unpaid leave for employees who must care for an ill family member or new child or to get treatment for their own illness. The FMLA currently applies only to legally married spouses; however, the proposed regulation of the Family Leave Insurance Act of 2009 seeks to bridge the gap for families who would not ordinarily be eligible for the FMLA benefits. If passed, the Family Leave 2009 Act will extend the family sick leave benefits of the FMLA to lesbian, gay, bisexual and transgender (LGBT) employees. Family sick leave benefits generally apply an employee's immediate family, including: parents, step-parents, spouse, children, step-children and foster children, siblings and step-siblings, and any relative (by blood or marriage) currently living in the employee's household.

Fast Facts

  • In order to be eligible for FMLA benefits an employee my have worked for their employer for a minimum of 12 months.
  • The key family leave regulation in the US is the Family and Medical Leave Act of 1993 ("FMLA").

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