Family Medical Leave Act Basics

By: Sommer | March 28, 2008 | Category: Home and Family

I first heard about the Family and Medical Leave Act (FMLA) in one of my college classes. Needless to say, my husband and I havepregnant woman talking to a male coworker discussed this little law a lot around the house recently. Since I work for Uncle Sam I don’t get “maternity leave” per se, but I have been able to save up enough vacation to use while I’m off work with the baby. Luckily I won’t have to take unpaid leave under FMLA to spend time with my newborn. My husband isn’t that lucky though; he just took a new job last fall. And, since his company doesn’t offer paid paternity leave, he’ll have to invoke his FMLA rights and take unpaid time off if he decides to take extended leave to welcome the baby home.

Here are some details about your rights under FMLA:

  • The Clinton Administration enacted the FMLA in 1993.
  • The main purpose of the law is to grant eligible employees up to 12 workweeks, per 12 month period, of unpaid family and temporary medical leave under the following circumstances:
    • birth and care of the newborn child;
    • adoption or taking a child into foster care;
    • care for an immediate family member (spouse, child, or parent) with a serious health condition; or
    • personal medical leave when the employee cannot work because of a serious health condition.
  • Your employer must give you your original job back once you return to work. If your employer has filled your job in your absence or, for some reason it's no longer available, your employer must provide you with a job that’s equal in pay, benefits and responsibility.
  • You’re also entitled to all your employee benefits while you’re out.

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