Family and Medical Leave Act

1
Family and Medical Leave Act

• Employers with 50 employees
• Unpaid leave for employees for
• birth or adoption of child
• foster care
• serious medical condition for child, spouse, self
  or parents
• Right to return to same or equivalent position
• May require notice
• Key employees exempted

2
Serious Health Condition

• A period of incapacity with or consequent to
  inpatient care
• A period of incapacity requiring absence from
  school, work, or regular daily activities for
  more than 3 calendar days
• Continuing treatment by a health care provider
  for a chronic condition
• Employee or family member is treated two or more
  times for condition by health care provider or
  which results in a regimen of continuing
  treatment
• Employee or family member is under continuing
  supervision of a health care provider due to a
  long term or chronic condition or disability

3
Servicemember Family Leave

• 2008 2009Amendments provide additional unpaid
  leave
• Covered Servicemember Leave
• Employee who is spouse, child, parent or next of
  kin of covered servicemember can take up to 26
  weeks of leave over single 12 month period
• Covered Servicemember is member of armed
  forces, National Guard or Reserves who is
  undergoing medical treatment, recuperation or
  therapy or on temporary disability for injury or
  illness incurred in line of active duty, or that
  was aggravated by active service, that may render
  member unfit to perform duties
• Qualifying Exigencies Leave
• Employee who is spouse, child or parent of
  active-duty servicemembers or veterans can take
  up to 12 weeks unpaid leave to address
  qualifying exigency
• Qualified Exigency includes call to active duty
  for contingency operations , or foreign
  deployment of member of armed services