Family & Medical Leave Act

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Introduction

Entitles eligible employees of covered employers to unpaid, job-protected leave.

  • 12 workweeks of leave in a 12-month period for:
    • birth of a child & to care for the newborn child within one year of birth
    • placement with the employee of a child for adoption or foster care & to care for the newly placed child within one year of placement
    • care for the employee's spouse, child, or parent who has a serious health condition
    • a serious health condition that makes the employee unable to perform the essential functions of his or her job
    • any qualifying exigency arising out of the fact that the employee's spouse, son, daughter, or parent is a covered military member on "covered active duty"
  • 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, son, daughter, parent, or next of kin (military caregiver leave)

* the in loco parentis relationship includes grandchildren, the burden of proving the relationship is on the employer & a physician should not seek appropriate documentation prior to completing forms

References

  1. Family and Medical Leave Act http://www.dol.gov/whd/fmla/
  2. Fact Sheet #28C: FMLA leave to care for a parent with a serious health condition on the basis of an in loco parentis relationship. http://www.dol.gov/whd/regs/compliance/whdfs28C.pdf