FMLA
Partnership
FMLA
Handbook
The FMLA is administered and enforced by the Department of Labor's Employment Standards Administration, Wage and Hour Division. It requires compliance from all public agencies, including state, local, and federal employers, as well as local education agencies. Private sector employers who supervise 50 or more workers within 75 miles are also subject to the guidelines defined in FMLA. Employees are entitled to take up to 12 weeks of unpaid, job-protected leave in a 12-month period for specified family and medical reasons. Eligible employees include those who work for a covered employer, have worked for a total of 12 months, and have worked at least 1,250 hours over the previous 12 months. The provisions defined in FMLA are clearly outlined and emphasize the enforcement of the law against any violators. Individuals are also free to bring a private civil action against an employer.
The FMLA does not affect any other federal or state law, which prohibits discrimination, nor supersede any state or local law, which provides greater family or medical leave protection. It encourages employers to provide even more generous leave rights beyond those specified in FMLA. Under the FMLA, employees are allowed to take leave for very sensible reasons. The birth and care of a newborn baby of the employee; the placement with the employee of a son or daughter for adoption or foster care; the care for an immediate family member (spouse, child, or parent) with a serious health condition; and the ability to take medical leave when the employee is unable to work because of a serious health condition, are all included in the rights of FMLA. An employer must maintain health benefits and FMLA ensures job restoration to those who exercise their rights under the law. Even more recent debates have aroused in the Clinton administration, an interest in extending these basic rights to wider range of employees.
Copyright Molly Egan, Jason Wood; Lehigh University 1999