Introduction:
The Family and Medical Leave Act (FMLA) is a vital federal law in the United States that provides job-protected leave to eligible employees for specific family and medical reasons. This fact sheet outlines information about FMLA, focusing on benefits for working moms.
- Eligibility:
- To be eligible for FMLA, an employee must work for a covered employer and have worked for the employer for at least 12 months (which need not be consecutive) and for at least 1,250 hours during the 12 months preceding the start of FMLA leave.
- Work at a company with 50 or more employees.
- Reasons for FMLA Leave:
- Maternity leave: Working moms can use FMLA leave for the birth of a child, adoption, or foster care placement.
- Bonding: FMLA can be used to care for a newborn or newly adopted child during the first year of life.
- Serious health condition: You can take FMLA leave for your serious health condition or to care for a spouse, child, or parent with a serious health condition.
- Duration of Leave:
- Eligible employees can take up to 12 weeks of unpaid leave within 12 months for qualifying FMLA reasons.
- In some cases involving military caregiving or exigency, eligible employees may be entitled to up to 26 weeks of FMLA leave.
- Job Protection:
- FMLA ensures that eligible employees who take leave will have job protection, meaning they can return to their same or equivalent position with the same pay, benefits, and working conditions upon returning from leave.
- Benefits for Working Moms:
- Working moms can use FMLA to bond with a new child without the fear of losing their job for taking time to bond.
- It provides the flexibility needed for medical reasons related to pregnancy and childbirth.
- Notice and Certification:
- Employees are required to provide notice of their intention to take FMLA leave as soon as practicable.
- Employers may request medical certification for serious health conditions.
- Paid vs. Unpaid Leave:
- FMLA provides job protection but does not guarantee paid leave. Employees may use accrued paid leave (such as sick or vacation leave) to receive pay during their FMLA leave. Employers can require you to use your accrued time off concurrently with FMLA.
*Disclaimer this document is not legal or employment advice, simply educational. Your leave eligibility will be determined by your employer
