| The Family and Medical Leave Act (FMLA) was | | | | A person can take medical leave if they are |
| authored by Senator Chris Dodd and signed into law | | | | experiencing and illness or injury that impairs their ability |
| by President Bill Clinton in 1993. It is designed to | | | | to do their job. An employee can also take medical |
| acknowledge that employees have health concerns | | | | leave if a family member is suffering from an ailment |
| and other issues outside of work, and should be able | | | | that requires the employee to take care of them. |
| to attend to those concerns without fear of losing their | | | | Adding a new child to the family, whether by birth or |
| jobs. The law applies to all organizations with fifty or | | | | adoption/foster care, is also a valid reason to take |
| more employees and all government programs. | | | | time off from work. Women who have given birth are |
| The FMLA guarantees qualified employees up to 12 | | | | not the only ones entitled to time off to care for a |
| weeks of medical leave per year (defined as a | | | | newborn; fathers can also stay home for the first few |
| 12-month period beginning when the organization | | | | months of their child's life. |
| decides.) This time off does not need to be paid, but | | | | An employee does not need to take all 12 weeks |
| the employee does need to be guaranteed a job | | | | offered at once. They can take multiple short periods |
| when they return to work. If the company is unable to | | | | of leave, or they can even work fewer hours per day |
| keep the employee's job unfilled for up to 12 weeks, | | | | for a limited amount of time. Some agencies require |
| they may offer the employee a different but | | | | employees to use their vacation and sick leave before |
| equivalent job when he or she returns to work. | | | | they can take medical leave. |
| Qualified employees are those who have worked at | | | | If a person takes a temporary leave from work to |
| least 1250 hours for the employer within the last | | | | serve the military, this is not taken from their FMLA |
| twelve months. This means that part-time employees | | | | time. Employees can only take a family or medical |
| are generally not entitled to FMLA protection. In some | | | | leave to care for members of their immediate family; a |
| states there are additional employment laws to protect | | | | sick friend is not grounds for time off under the FMLA. |
| part-time workers and others who may not be | | | | For more information about work-related legislation, |
| covered by the federal law. Other states, such as | | | | contact Austin Family and Medical Leave Act |
| Texas, only enforce the federal law. | | | | attorneys Melton & Kumler. |