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1 1 (November 30, 2015)

handle is hein.crs/govcduu0001 and id is 1 raw text is: FF.ri E~$~ & mppm qq\ p\w -- , gn'a', go I as 11LIANJILiN, November 30, 2015 The Family and Medical Leave Act (FMLA) The Family and Medical Leave Act of 1993, as amended, (FMLA; P.L. 103-3) entitles eligible employees to unpaid, job-protected leave for certain family and medical needs, with continuation of group health plan benefits. Through the act, Congress sought to strike a balance between workplace responsibilities and workers' growing need to take leave for significant family and medical events. The FMLA applies to covered employers and eligible employees in the private and public sectors; members of the Armed Forces are not eligible for FMLA leave. 'Yh* ,, Leave Efl\3flmft. The FMLA requires that covered employers grant up to 12 workweeks in a 12-month period to eligible employees for one or more of the following reasons: * the birth and care of the employee's newborn child, provided that leave is taken within 12 months of the child's birth; * the placement of an adopted or fostered child with the employee, provided that leave is taken within 12 months of the child's placement; * to care for a spouse, child, or parent with a serious health condition; * the employee's own serious health condition that renders the employee unable to perform the essential functions of his or her job; and * qualified military exigencies arising from the fact that the employee's spouse, child, or parent is a covered military member on covered active duty. In addition, the act provides up to 26 workweeks of leave in a single 12-month period to eligible employees for the care of a covered military servicemember (including certain veterans) with a serious injury or illness that was sustained or aggravated in the line of duty while on active duty, if the eligible employee is the covered servicemember's spouse, child, parent, or next of kin. The combined use of FMLA leave for all qualifying reasons may not exceed 26 workweeks during this single 12-month period. Under certain conditions, employees may use FMLA leave intermittently. ,, ,f CLtSC, o .,-,, FMLA leave has four fundamental characteristics: * It is an entitlement, which means that, unlike other forms of leave (e.g., vacation days), it must be granted to an eligible employee with an FMLA-qualifying need for leave who meets the act's notification and documentation requirements. * FMLA guarantees unpaid leave, but provides that employees may elect to substitute (or employers may require the substitution of) certain types of accrued paid leave for unpaid FMLA leave, within the constraints of employer policy. * FMLA leave is job-protected, which means that-with few exceptions-an employer must return the employee to the same job or to one that is equivalent in terms of pay, benefits, working conditions, and responsibilities to the one held prior to taking leave. * Preexisting group health benefits must be maintained during the employee's absence under the same conditions that were in place prior to taking leave. Coivr E, po*N.r In general, employers engaged in commerce with 50 or more employees for 20 weeks in the current or last calendar year are covered by the act. In general, to be eligible for FMLA leave, an employee must * work for a covered employer; * have 1,250 hours of service in the 12 months prior to the start of leave; * work at a location where the employer has 50 or more employees within 75 miles of the worksite; and * have worked for the employer for 12 months. The act provides rules concerning employer and employee notification requirements, employee responsibilities for scheduling of leave, employer rights to certification, and employer record-keeping requirements. The FMLA prohibits the interference, restraint, or denial of rights provided through the act, and the dismissal of or discrimination against those who protest a prohibited act. Employees whose FMLA rights have been violated may be awarded monetary damages (e.g., for lost compensation) and equitable relief, as appropriate (e.g., reinstatement). T~,, FM ~ n, he US.J an<enmCouu Since the FMLA's enactment, the Supreme Court has issued three decisions involving the statute. In the first, .O 'T

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