Summary of the
Family and Medical Leave Act
29 U.S.C. 2601
and Following Sections
1. A covered employer has 50 employees for each working day during
each of 20 or more calendar work weeks during the current or preceding year.
2. To be eligible for FMLA, employee must:
A. be employed for 12 months
B. have 1,250 hours of service during the previous 12 month period,
C. be employed at a worksite where 50 or more employees are employed
by the employer within 75 miles.
3. A qualifying event is:
A. The birth or care of newborn child
B. Placement of a child for foster care or adoption, care for same
C. Serious health condition (incapacitation) of the employee's
family spouse, child or parent, or
D. Serious health condition (incapacitation) of the employee that
renders the employee unable to perform one or more essential functions of the job.
4. A serious health condition is an illness, injury,
impairment or physical or mental condition that involves inpatient care in a medical
facility or continuing treatment by a health care provider. Serious health conditions
A. In-patient hospitalizations.
B. Incapacity for three consecutive calendar days requiring at least
two health care provider treatments.
C. Incapacity for more than three consecutive calendar days, one
health care provider treatment, and a regimen of continuing treatment, such as
prescription medication or therapy.
E. Chronic conditions involving recurrent episodes of incapacity and
periodic treatments by a health care provider.
F. Long-term incapacity with continuing supervision of a health care
provider, but not active treatment.
G. Conditions that result in more than three days of incapacity if
left untreated and which require time away from regular activities to receive and recover
from treatment, such as chemotherapy, arthritis, and dialysis.
H. Substance abuse may be a serious health condition, but the
employer may take disciplinary action against any employee whose substance abuse violates
the uniformly applied policy prohibiting such conduct, including absenteeism.
A. 12 work weeks of unpaid leave in any designated 12 month period
B. The leave may be taken as consecutive days or as intermittent
days if medically necessary for serious health conditions.
C. A key employee may be temporarily transferred to a same-pay
position which better accommodates an intermittent leave request.
D. If husband and wife are both employed by the same employer, they
may take only 12 weeks total for pregnancy or adoption.
E. The employer can establish a calendar year, an anniversary year,
or a moving year from the date of the current request for leave. (The moving year prevents
stacking of leave by employees from 2 consecutive years.)
F. An employer can require that paid leave and FMLA leave run
concurrently if the employee is informed starting with the commencement of the FMLA leave.
Otherwise, the employee can elect to exhaust accrued leave before the FMLA leave.
A. The employee must give not less than 30 days advance notice of
the intent to take leave, or as much notice as is practical. (The employee can, but is not
required to specify FMLA leave).
B. The employer must designate the leave as FMLA leave.
C. The 12 week period commences from the date of designation of FMLA
leave by the employer or the date of request for FMLA leave by the employee.
D. The employer may require by written notice a medical
certification from the treating physician within 15 days for the date the serious medical
condition commenced, the probable duration, and a description of the condition requiring
E. The employer may pay for a second medical opinion (not by the
F. At the conclusion of the leave, the employee must be returned to
the same or similar position with the same pay and benefits had the employee not taken
G. The employer can institute a uniform policy that requires an
employee returning from FMLA leave as a result of a serious health condition to obtain a
medical certification of ability to perform the essential functions of the employee=s job
and any limitations.
H. Employees may be required to pay the employer contribution of
health insurance during FMLA.
I. Highly compensated employees (top 10% of the employer's highest
paid employees within 75 miles of the employee) are exempted from the FMLA.
7. Legal remedies for violation of FMLA or retaliation
A. Recovery of lost wages and benefits, actual monetary losses,
liquidated damages of 2 times the actual damages unless the employer had reasonable
grounds for not knowing it was violating the law, and attorney fees and costs.
B. Two year statute of limitations, three years for willful