10.4.2 Family and Medical Leave Act

The Family and Medical Leave Act of 1993 (“FMLA”) provides covered employees with up to 12 weeks of unpaid leave during a year’s time for: the birth, adoption, or foster placement of child (within 1 year of child’s arrival); health needs of an employee or immediate family member; or a qualified exigency related to the employee or family member’s duty in the Armed Forces.1  During FMLA leave, an employer must maintain pre-existing employment benefits for the employee. Of course, an employer may provide greater benefits either voluntarily or through contract. Retaliation for exercising (or interference with) FMLA rights is prohibited.

The FMLA covers most employers, but private sector employers must employ at least 50 employees in a 75-mile radius in 20 or more workweeks in the current or preceding calendar year and be engaged in commerce or any activity affecting commerce. Employees must have been employed at the same workplace for 12 months or more and have worked at least 1250 hours (about 24 hours/week) during the year before taking leave. Employers may exempt certain otherwise eligible employees or set conditions on leave for others.

• 129 U.S.C. § 2601, et seq.