Family and Medical Leave Act

The federal Family and Medical Leave Act (FMLA) is intended to help employees balance their work and family responsibilities by allowing them to take a certain amount of unpaid leave for family or medical needs. It guarantees qualifying employees up to 12 weeks of unpaid, job-protected leave per year. It also requires their employer to continue their group health-care coverage during the leave.

Employees are covered by FMLA if they:

* Have worked for their employer at least 12 months

* Have worked at least 1,250 hours over the past 12 months

* Work at a location that has 50 or more employees within 75 miles.

Qualifying events for FMLA include:

* Birth of a child (both parents are eligible)

* Adoption or foster care placement of a child (both parents are eligible)

* Care of an immediate family member with a serious health condition (FMLA allows eligible employees to take up to 26 weeks leave in a "single 12-month period" to care for a member of the Armed Forces, including a member of the National Guard or Reserves, with a serious injury or illness)

* Medical leave when the employee is unable to work because of a serious health condition, which can include complications during pregnancy

* Any "qualifying exigency" arising out of the fact that a covered military member is on active duty, or has been notified of an impending call to active duty

The "qualifying exigency" for military members applies only to members of the National Guard or Reserves; it does not apply to the Regular Armed Forces. Qualifying exigencies for military members include:

* Issues arising from a short-notice deployment (seven days or less), such as needing to make child-care, financial or legal arrangements

* Attending military events related to the active duty

* Attending counseling for oneself, the military member, or a child, when the need arises from the active duty

* Spending up to five days with a military member who is home on rest and recuperation leave

* Attending post-deployment activities, including arrival ceremonies

* Addressing issues arising from the death of a covered military member