Know Your Rights:
Protection Under the Family Medical Leave Act
The Family Medical Leave Act (FMLA) provides employees with up to 12 weeks of unpaid leave per year for any of the following:
To care for a newborn or recently adopted child;
To care for a foster child placed with the employee;
To take time off work because of his or her own serious health condition;
Or to care for the employee’s spouse, parent or child with a serious health condition.
Employees are eligible if they have worked for a covered employer for at least one year, and for 1,250 hours over the previous 12 months and if there are at least 50 employees within 75 miles.
For the duration of the FMLA leave, the employer must maintain the employee’s health coverage. Upon return from FMLA leave, most employees must be restored to their original or equivalent positions with equivalent pay, benefits and other employment terms.
In addition, members should consult their union contract. There may be additional benefits covering this area.
The U.S. Department of Labor, Wage and Hour Division enforces this law and can be found at www.dol.gov/esa/whd/fmla.