In accordance with the Family and Medical Leave Act of 1993 (FMLA) an eligible employee is entitled to 12 work weeks of unpaid leave in a 12 month period for one or more of the following reasons:

  • To care for the employee’s child after birth, or placement for adoption or foster care.
  • To care for the employee’s spouse, child, or parent, who has a serious health condition.
  • For a serious health condition that makes the employee unable to perform his/her job.
  • Because of a qualifying exigency arising out of the fact that your spouse, son or daughter, or parent is on active duty or called to active duty status in support of a contingency operation as a member of the National Guard or Reserves.
  • Because you are the spouse, son or daughter, parent, or next of kin of a covered service member with a serious injury or illness.

For the duration of FMLA leave, the employer must maintain the employee’s health coverage under any “group health plan”. Upon return from FMLA leave, most employees must be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms. The use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of an employee’s leave.

Employee Rights and Responsibilities Under the Family and Medical Leave Act (pdf)