What is the Family and Medical Leave Act of 1993?

Congress passed the Family and Medical Leave Act of 1993 with the stated purpose of balancing the demands of the workplace with the needs of families. Congress also stated that it sought to promote and strengthen families through the Act. The Act guarantees many employees a right to take unpaid leave for certain medical or family reasons.

Which employees are entitled to benefits under the Act?

In order to be entitled to leave, an employee must work for a covered employer. Most employers with 50 or more employees, including state and territorial governments, are covered by the Act. The employee is required to have worked for the covered employer for at least one year. He or she is also required to have worked at least 1,250 hours during the 12-month period prior to the time of the leave.

What benefits does the Act guarantee to employees?

Under the Act, eligible employees are guaranteed 12 workweeks of leave during any 12-month period for any of the following reasons:

the birth of a child of the employee and to care for the child (any time during that child's first 12 months of life);
the adoption of a child by the employee (within 12 months of the child's placement);
the placement of a foster child with the employee (within 12 months of the child's placement);
the care by an employee for his or her spouse, son, daughter, or parent, if those relatives have a serious health condition; or
a serious health condition that makes the employee unable to perform his or her job.

Leave taken for the care of a sick family member or because of a serious health condition of the employee may be taken intermittently. The leave taken for the birth or adoption of a child, however, must be taken all at once, unless the employer agrees to an intermittent schedule.

An employer is not required to pay its employees while they are on leave. If the employer pays the employee during a portion of the leave period, the paid time is considered part of the 12-week leave period. An employee who has accrued vacation time or sick leave may substitute that leave for any part of the 12-week period.

Employees are required, where it is possible, to give their employers 30 days' notice of their intention to take leave.

After taking their leave, most employees are entitled under the Act to be restored to the position that they held at the time their leave commenced. The taking of the leave cannot result in any loss of any benefits or seniority accrued by the employee before the leave was taken. Employers are also required to maintain the employee's group health care coverage during the leave period. If the employee fails to return to work, however, for reasons not beyond the control of the employee, the employer may collect the health insurance premiums paid by the employer during the leave period.