The Family and Medical Leave Act

Abstract

The provisions of the federal Family and Medical Leave Act (FMLA) will generally affect companies employing more than 50 people. In essence, the law gives employees of covered companies the right to take 12 weeks of leave per 12-month period without pay for specific family and medical purposes. The permitted reasons for FMLA leave are the birth or adoption of a child, a personal medical condition (as certified by a physician), and caring for ill parents, spouse, or children. Individual FMLA provisions may cause complications for both employees and employers. Employees, for instance, are permitted to take intermittent leave for a given, continuing health condition. While small employers are exempt, even large employers with isolated branches may, under certain circumstances, deny FMLA leave requests. The exact interpretation of the law's complexities will undoubtedly be subject to court action in the coming years. Moreover, a federal commission is reexamining family-leave policies and may make recommendations for further revisions to FMLA.