The Family and Medical Leave Act (FMLA) is a labor law that requires large employers to grant employees leave without pay for serious family health issues. These qualified medical and family reasons may include adoption, pregnancy, foster care, family or personal illness, or military leave. It also provides for continued health insurance coverage and job protection. The FMLA aims to provide families with the time and resources necessary to deal with family emergencies, while guiding employers.
Family and Medical Leave Abolition Act (FMLA)
The Family and Medical Leave Act (FMLA) is the federal government’s recognition of changes in families, the workplace, the workforce and the expectations of employees and employers. For example, the proliferation of single-parent households or households in which both parents work. The FMLA seeks to remove the choice that workers and parents may have to make between job security and the care of their children, or the elderly and the extended family. It is an acknowledgment that children and families are better off when mothers can participate in early childhood education, the disproportionate role of women in caregiving, and the fact that their role as caregivers of default has a significant impact on their professional life. FMLA is often referred to as the “Family and Medical Leave Act of 1993”. It was promulgated on August 5, 1993 by President Bill Clinton.
An employee who takes FMLA leave without pay is job protected; that is, the employee can return to the same position held before the leave begins. If the same position is not available, the employer must provide a substantially equal position in terms of compensation, benefits and responsibility. To be eligible for FMLA, an employee must be employed by a company of 50 or more employees within a 75-mile radius of their workplace. The employee must have worked for the employer for at least 12 months and 1,250 hours in the past 12 months. The FMLA makes compulsory unpaid and protected leave up to 12 weeks per year. For more information on the rights and responsibilities of employees and employers, see the Ministry of Labor’s FMLA information page or Fact Sheet # 28, which provides more details.
Objectives of the FMLA
The FMLA, as administered and registered by the Ministry of Labor, has the following objectives:
- Balance the demands of the workplace with the needs of families, promote the stability and economic security of families and promote national interests by preserving family integrity;
- Allow employees to take reasonable time off work for medical reasons, the birth or adoption of a child, and for the care of a child, spouse or parent who has a serious health problem ;
- Achieve the objectives described in subsections (1) and (2) in a manner that takes into account the legitimate interests of employers;
- Accomplish the objectives described in subsections (1) and (2) in a manner which, in accordance with the equal protection clause of the Fourteenth Amendment, minimizes the risk of employment discrimination based on sex by generally ensuring that leave is available for eligible persons. for medical reasons (including a disability linked to maternity) and for compelling family reasons, regardless of sex; and
- Promote the objective of equal employment opportunities for women and men, in accordance with this clause.