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Family Medical Leave Act (FML)

Monday, April 29, 2013

The Family Medical Leave Act (FML) was enacted in 1993. Any employer with 50 or more employees is subject to the act. Eligible employees must have worked for their employer for one year or over 1250 hours.

The act allows for twelve weeks of leave in a twelve month period for the following reasons:

-the birth of a child/to care for a child under one year of age

– to care for a newly adopted or foster child within one year of the child’s placement

-to care for a spouse, child or parent with a serious medical condition

– any qualified reason revolving around the employee’s spouse, child or parent’s involvement in the military.

Additionally, twenty six weeks of leave may be given to an employee who must care for an injured military service member who is a spouse, son, daughter, parent, or next of kin.

The employee must be restored to his prior position (or an equivalent one) upon returning from leave. Usually they are not paid in their absence, but may substitute such leave for paid sick or vacation pay if they are entitled to do so. If the employee does not return at the end of the twelve week period, the employer is not obligated to hire them back.

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