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Family and Medical Leave Act (FMLA)
The Family and Medical Leave Act (FMLA) is a US federal law that enables eligible employees to take unpaid, job-protected leave for specified family and medical reasons. Employees are entitled to 12 work weeks of leave in a 12-month period for purposes such as the birth and care of a newborn, adoption, personal or family illness, or family military leave.
Alongside the Pregnant Workers Fairness Act it is a key worker protection for women and caregivers in the United States.
What are the eligibility criteria for employees to qualify for FMLA leave?
To qualify for FMLA leave, employees must meet the following criteria:
- Work duration: They must have worked for the employer for at least 12 months.
- Hours worked: They must have completed at least 1,250 hours of service for the employer during the 12 months prior to the start of the leave.
- Employer size: The employer must have at least 50 employees within a 75-mile radius of the employee’s worksite.
What are the qualifying reasons for taking FMLA leave?
Qualifying reasons for taking FMLA leave include:
- Personal or family member’s serious health condition requiring care.
- Childbirth and care for the newborn within one year of birth.
- Adoption or foster care placement that requires bonding time within one year of placement.
- Exigencies arising from a family member’s active military duty.
Andrew (Drew) joined the Remote People team in 2020 and is currently Director, Regulatory Affairs. For the past 13 years, he has been a trusted advisor to C-Suite executives and government ministers on international compliance and regulatory issues. Drew holds a law degree from the University of Otago, a PhD from the University of Sydney, and is an enrolled Barrister and Solicitor of the High Court of New Zealand.
