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Family Leave Act Requirements

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    Employers

    • Not all employers are required to adhere to the United States Family and Medical Leave Act (FMLA). Private companies or organizations that have fewer than 50 employees during at least 20 weeks of the year are not required to submit to the law's regulations. All public organizations--regardless of size--must follow the FMLA guidelines. This includes schools and all local, state and federal government employers, according to the U.S. Department of Labor.

    Employees

    • As with employers, only employees who meet certain rules are eligible for FMLA coverage. They must have been employed by a covered employer for at least one year, working at least 1,250 hours during that time. In addition, employees must work for an organization or company that has at least 50 workers employed within 75 miles.

    Eligible Reasons for Leave

    • Employees covered under FMLA can take leave if they or their spouses, parents or children have a serious medical problem. The Department of Labor defines serious medical problems as any condition that leaves an individual incapacitated for a period of time and under the continuing care of a health care provider. Employees are also permitted to take family leave to care for their newborn children or children they are adopting or fostering. They may take a maximum of 12 weeks of unpaid leave during a one-year period for any of these reasons.

    Military-Related Leave

    • Relatives--including parents, spouses and children--of members of the National Guard or Reserves are permitted to take 12 weeks of annual unpaid leave under the 2009 amendments to the Family and Medical Leave Act. The allowed reasons for taking this leave must be related to the military member's service. This can include a short notice of deployment, military services or events and making alternative child-care, financial or legal arrangements that result from the military member's absence.

      Employees who are the primary caregiver for their parents, spouses, children or next of kin in the military are allowed to take a maximum of 26 weeks leave during a one-year period. The serious medical problems must have resulted from military duty. Employees acting as caregivers can take this leave to assist with therapy and other treatments for the injured or ill person.

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