Georgia Job/Family Collaborative

Understanding the Family and Medical Leave Act (FMLA)

The Family Medical Leave Act, passed by Congress and signed by President Clinton in February, 1993, took effect on August 5, 1993.

 

If you work for a company with 50 or more local employees, have been on the job at least 12 months and worked at least 1,250 hours (about 25 hours/week), you are eligible.  All state, local and federal employees are covered, as well as anyone who works for Congress.

 

Companies don’t have to provide leave to employees in an area where there are less than 50 employees in a 75-mile radius.  This means small regional offices of large companies may be exempt.  Many companies will want to have uniform policies for all employees, so check with your personnel department if this is your situation.

 

You can take this leave when you have a new child by birth, adoption, or foster care; when you need to care for a spouse, child, or parent who has a serious health conditions; when you’re so sick yourself that you can’t perform your job.

 

You can take 12 weeks per year.  For a new child, you have to take the leave all at once unless your employer agrees to a different schedule.  For medical problems, however, you can work out a more flexible arrangement, if a doctor certifies that is what is needed.  You may be able to take a day or week when needed or reduce your workweek or workday.

 

The leave is unpaid, so your paycheck will stop.  However, if the FMLA absence qualifies under the employer’s sick leave policy, you may use any paid sick leave you’ve accrued for that absence.

 

Your employer cannot count your FMLA absence as an “occurrence” under an attendance policy.  You cannot be warned, suspended, fired, disciplined, or denied overtime or advancement because of FMLA absence. 

 

When you are ready to return from leave, your employer is required to give you the same or equivalent position, in terms of pay, conditions of employment and benefits.

If you are denied leave or return to employment, contact the nearest office of the Wage and Hour Division of the U.S. Dept. of Labor.  You also have the right to bring a civil case against your employer in state court to get reinstatement of lost wages and attorney’s fees.

To contact us:

Atlanta 9to5 (404) 222-0037

GA Stand Up (404) 581-0061

E-mail: gajobfamily(at)yahoo.com