Employers with 50 or more employees must comply with the Family and Medical Leave Act (FMLA). This law provides eligible employees up to 12 weeks of unpaid, job-protected leave for certain family and medical reasons. Group health insurance coverage must continue during the leave.
Specifically, the FMLA requires 12 workweeks of leave in a 12-month period for
- The birth of a child and to care for the child within one year of birth;
- The placement of a child for adoption or foster care and to care for the child within one year of placement;
- Care for the employee’s spouse, child or parent with a serious health condition;
- A serious health condition of the employee that makes the employee unable to perform the essential functions of his/her job;
- A qualifying exigency arising out of the employee’s family member on covered active military duty; or
- 26 workweeks of leave during a 12-month period to care for a covered family member who is a servicemember with a serious injury or illness.
The Department of Labor has a comprehensive guide to help employers navigate FMLA requirements. This guide, “The Employer’s Guide to the Family and Medical Leave Act,” offers helpful guidance for compliance. A copy of the guide can be accessed by clicking here.