FMLA: Family and Medical Leave Act

FMLA

The Family and Medical Leave Act (FMLA) is now extended to legally-married same sex spouses and their families irrespective of where they live or work.  Federal guidelines allow 12 weeks of protected, unpaid leave under FMLA.  The District of Columbia supersedes that ruling allowing 16 weeks of protected, unpaid leave under FMLA.

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There are also certain stipulations that must be met in order to qualify for FMLA.  The twelve workweeks of leave in a 12 month period can be used to cover the birth of a child and care for the newborn within one year of birth; care for the employee’s spouse, child, or parent who has a serious illness or health issue; the placement with the employee of an adopted child or foster child to provide care within one year of placement; a serious health condition that makes the employee unable to perform the essential elements of the job; and any qualifying event of the employee’s daughter, son, spouse or parent who is a covered military member.

Twenty-six workweeks of leave during a 12-month period is extended to an employee to care for a covered service member with serious illness or injury if the employee is the wife, son, daughter, parent or next of kin of the service member.

FMLA is extended during a 12 month period.  If FMLA has been used once in a 12-month period, it cannot be used again in that same 12-month period.  The Wage and Hour Division of the Department of Labor has published an Employee Guide to the FMLA.   You can order the 16 page guide or download it for additional information on FMLA.

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