U.S. Family & Medical Leave Act  

The U.S. Family & Medical Leave Act covers companies with 50 or more employees. 

When can I take leave? 
Leave can be taken by the mother or father when a child is born or adopted or when a foster child is placed in the home. Leave can also be taken to care for your seriously ill spouse, child or parent, or for your own serious health condition if you are unable to perform your job. 

How long is leave? 
Total leave time is 12 weeks in any year. The leave is unpaid, but an employer may choose to provide pay. For the birth or placement of a child, the full 12-week leave must be taken within 12 months. For medical problems, the leave can be taken intermittently or as a reduction in normal working hours throughout the year, up to 12 weeks total.

Am I eligible for leave? 
You are eligible if you have worked at least 1,250 hours for the employer within the last 12 consecutive months. If your spouse works for the same employer and you are both eligible for leave, the two of you are entitled to only 12 weeks combined, unless the leave is for your own medical condition.  

What about paid leave? 
You can choose or the employer may require you to substitute accrued paid vacation, personal or disability leave for the unpaid leave if it is for the birth or placement of a child. You are not required to use any accrued paid sick leave. 
  
If you take the leave for your own or your family member's illness, you can choose or the employer can require you to use paid vacation leave, personal leave, family leave, or sick leave. An employer is not required to provide paid leave. 

Do I have to give notice? 
If you know when you will need a leave, you must give your employer at least 30 days notice. If you need the leave for a planned medical treatment, you must try to schedule it to not disrupt business. If you take leave for your own or your family member's illness, your employer can require that a doctor verify the condition. 

Will I get my job back? 
After the leave you must be given your former job or one equivalent in benefits and pay. If your pay is in the top 10 percent of employees, your employer can deny you your former job if it would cause the employer "substantial and grievous hardship." The employer must notify you if your job will not be available. 

If you need to take medical leave on an intermittent or reduced-hours basis and you know this ahead of time, your employer can require you to transfer temporarily to a job that can better accommodate leave. Pay and benefits remain the same.

Parental Leave Main Page | Minnesota's Parental Leave Law
U.S. Family and Medical Leave Act | Pregnancy Discrimination | Resources 

Last Updated: Thursday, 24-Aug-2006 13:28:23 CDT (mmp)