Paid Medical Leave

The Family and Medical Leave Act of 1993 ("FMLA") was enacted by the US Department of Labor and applies to all state and local public agencies including education agencies and private-sector employers who employ at least 50 people in 20 or more workweeks in the current or preceding calendar year. The FMLA allows eligible employees to take a temporary leave for illness in their immediate family. In order to be eligible for FMLA benefits an employee must have worked for their employer for a minimum of 12 months, worked at least 1,250 hours over the prior 12 months, and work for an employer who subject to FMLA compliance. FMLA benefits 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. While many employers will provide paid medical leave as part of their employee benefits package, paid medical leave is not required under the FMLA. The FMLA 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. Upon return from FMLA leave, an employee must be restored to their original job or to an equivalent position with the same salary.

Fast Facts

  • If the need to take FMLA leave is foreseeable, an employee must give at least 30-days advanced notice. If not foreseeable, notice must be given to the employer as soon as possible (i.e. the same or next business day).
  • Employees are responsible for providing information sufficient to prove that the leave is covered under the FMLA (i.e. documentation of hospitalization, etc.).

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