James R. Lindner
"Today, I am pleased to sign into law the "Family and Medical Leave Act of 1993." I believe that this legislation is a response to a compelling need - the need of the American family for flexibility in the workplace. American workers will no longer have to choose between the job they need and the family they love."
President Bill Clinton, February 1993
The family and medical leave act provides for unpaid leave for employees under specific conditions. Employees are entitled to a total of twelve (12) workweeks of unpaid leave during any 12-month period when leave is taken for one or more of the following circumstances (during the leave period healthcare benefits, but not other benefits, must continue):
The Family and Medical Leave Act (FMLA) mandates that public and private employers with 50 or more employees within a 75-mile radius of the worksite provide their employees with family and medical leave. The employee must have been employed for at least 12 months by the employer with respect to whom leave is requested and performed at least 1,250 hours of service for the employer.
Periods when employees do not normally report for work, such as summer vacations for teachers and weeks when an entire establishment closes for a vacation, cannot be counted as FMLA leave.
Leave taken "to care for" a family member includes both physical and psychological care. An eligible employee's right to take leave is not limited by the availability of another family member. When both the father and mother or more than one sibling, are involved in the care of a child or parent, leave may be taken at the same time, on an overlapping basis, or sequentially, as long as leave is taken "because of" one of the circumstances listed above. A father may take leave during his wife's childbirth and recovery, even if his wife is herself an eligible employee who is also on leave.
An employee who takes leave because of the employee's own serious health condition need not, in each instance, be so physically or mentally incapacitated that the employee is generally unable to work. Rather, if the employee must be physically absent from work from time to time in order to receive treatment, it follows that the employee is temporarily "unable to perform the functions of his or her position" and is, therefore, eligible for leave for the time necessary to receive treatment.
The right to leave for the birth or placement of a son or daughter expires twelve (12) months after the birth or placement with the employee.
If both spouses are working for the organization, their total leave in any 12-month period may be limited to 12 weeks if the leave is taken (1) for the birth or adoption of a child or (2) to care for a sick parent.
Unmarried companions who work for the organization are each entitled to twelve (12) weeks of leave, except that no leave is available to care for each other should one of them become seriously ill.
Depending on the reason for the leave, employees may elect, or may be required, to substitute their accrued paid vacation, personal, family, or medical or sick leave for any part of the twelve (12) weeks of leave granted. Substitution of paid leave is limited so that an employee may not be able to offset leave taken for birth, adoption, or placement of a foster child with sick or disability leave.
When substituting appropriate paid leave for unpaid leave, and the substituted paid leave is less than twelve (12) weeks in duration, the organization shall provide an additional period of unpaid leave so that the total of paid and unpaid leave provided equals twelve (12) weeks.
Employers found violating this act may be liable for any wages, salary, employment benefits, or other compensation denied or lost to such employees because of the violation. Employers found in violation of this act may be liable for any actual monetary losses sustained by the employee as a direct result of the violation, such as the cost of providing care, up to a sum equal to 12 weeks of wages or salary for the employee. Employers may also be liable for equitable relief as may be appropriate, including employment, reinstatement, and promotion.
For More Information
For more information contact:
U.S. Department of Labor, Wage and Hour Division
646 Federal Office Building
200 North High Street
Columbus, OH 43215
(614) 469-5678
U.S. Department of Labor Employment Standards Administration, Wage and Hour Division, "Family and Medical Leave Act of 1993," WH Publication 1418, May 1993.
Ann Stewart, Human Resource Consultant, Auburn University, AL.
All educational programs conducted by Ohio State University Extension are available to clientele on a nondiscriminatory basis without regard to race, color, creed, religion, sexual orientation, national origin, gender, age, disability or Vietnam-era veteran status.
Keith L. Smith, Associate Vice President for Ag. Adm. and Director, OSU Extension.
TDD No. 800-589-8292 (Ohio only) or 614-292-1868