• In 1993, President Bill Clinton signed the Federal Family and Medical Leave Act. The purpose of the law was to make it easier for employees who are either ill, caring for a sick family member or parenting a new child to take time off without having to worry about their jobs or medical care. All leave under this law is unpaid, though employers can require that some of this time be covered by paid vacation or sick leave.
  
  

Basics

• The 1993 law holds that certain classes of employee are eligible for the maximum of 12 weeks of unpaid leave per year. Under the law, the employee will not be paid, will maintain all health insurance, and cannot be fired while on leave due to leave-related reasons.
  
  

Eligibility

• Employees who are eligible for the 12 week benefit are those who have worked for a company for over 12 months. In terms of hours, the eligible employee must have worked at least 1250 hours in the past 12 months. The firms who come under this law are those that employ at least 50 people who live within a 75 mile radius of the physical plant.
  
  

Classes

• Those who are covered under the law include all employees of any government at any level, including local, county, state and federal. This also includes all employees of any public or private educational institution at the primary and secondary level. Employees of larger, private firms are also protected if the 50 employee mark represents normal company operation at a minimum of 20 work weeks per year.
  
  

Criteria

• Eligible employees can take the maximum 12 week leave under certain circumstances: If a mother has given birth to a child or has adopted a child, the leave can take effect; if an employee needs to take time off to care for an immediate family member (which includes in-laws), and that illness is considered serious under the law, then the 12 week leave can take effect. Serious illness normally refers to something that causes serious and long term incapacity. Some employers will demand medical certification for such cases; finally, if the employee himself is too ill to work, the leave also becomes relevant. These are the only reasons that are allowed for the act to take effect.
  
  

Spouses

• Spouses of those who are eligible can also take a combined 12 weeks per year of unpaid leave for the birth of a child, care of an adopted child or for the care of a parent with a serious health condition.
  
  

Exception

• The 1993 law does make one exception to the rules of family leave. Those employees who are deemed “key” employees, or employees who are so integral to the organization that their taking leave will result in serious economic harm to the organization, might be denied medical leave even if all the other criteria have been met. The employer must notify the employee of her “key” status and provide time for the person to return to work.