FMLA Summary Information
The Family and Medical Leave Act (FMLA) of 1993, Public Law 103-3
If a discrepancy develops between this summary and federal law, the law will govern.
The Family and Medical Leave Act (FMLA) of 1993, Public Law 103-3, was enacted by the Federal Government on February 5, 1993. FMLA entitles eligible employees to take up to twelve (12) workweeks of unpaid, job protected leave each year for specified family and medical reason.
FMLA applies to all public agencies and many private sector employers. To be eligible for FMLA benefits, an employee must:
work for a covered employer;
have worked for the employer for a total of at least twelve (12) months; and
have worked for at least 1,250 hours over the previous twelve months.
A covered employer must grant an eligible employee up to a total of twelve (12) workweeks of unpaid leave during any twelve (12) month period for one or more of the following reasons:
for the birth or placement of a child for adoption or foster care;
to care for an immediate family member (spouse, child, or parent) with a serious health condition;
to take medical leave when the employee is unable to work because of a serious health condition;
any qualifying exigency arising out of the fact that the employees’ spouse, domestic partner, son, daughter, or parent is a covered military member on “covered active duty.”
Twenty-six (26) workweeks of leave during a single 12-month period to care for a covered servicemember with a serious injury or illness if the eligible employee is the servicemember’s spouse, domestic partner, son, daughter, parent or next of kin (military caregiver leave.)
Subject to certain conditions, employees or employers may choose to use accrued paid sick leave to cover some or all of the FMLA leave. Teachers eligible for FMLA will be allowed to use available sick/emergency leave for up to 12 weeks if the need is certified by the attending physician. Under some circumstances, employees may take FMLA leave intermittently, which means taking leave in blocks of time, or by reducing their normal weekly or daily schedule. If FMLA leave is for the birth or placement for adoption or foster care, use of intermittent leave is subject to the employer’s approval. FMLA leave may be taken intermittently whenever medically necessary to care for a seriously ill family member or because the employee is seriously ill and unable to work.
A covered employer is required to maintain group health insurance coverage for an employee on FMLA leave whenever such insurance was provided before the leave was taken and on the same terms as if the employee had continued to work. If applicable, arrangements will need to be made for employees to pay their share of health insurance premiums while on leave.
Upon return form FMLA leave, an employee must be restored to their original job, or to an equivalent job with equivalent pay, benefits and other employment terms and conditions. In addition, an employee’s use of FMLA leave cannot result in the loss of any employment benefit that the employee earned or was entitled to before using the FMLA leave.
Further information on FMLA leave is available on the US Department of Labor website, at the District’s Human Resources office and through Education Minnesota-Roseville.