Leave Under the Family and Medical Leave Act of 1993

The Family and Medical Leave Act (FMLA) of 1993 provides employees job protection when dealing with family or medical emergencies. A key feature is job restoration, meaning employees can return to their same or an equivalent position with the same pay, benefits, and conditions. FMLA leave is unpaid, but employers must continue group health insurance on the same terms as if the employee were working. Employees may substitute accrued paid leave—such as vacation or sick leave—for unpaid FMLA leave, which helps those unable to afford unpaid time off. The law applies to all government employers and private employers with at least 50 workers, and employees qualify if they worked at least 1,250 hours in the past 12 months. Eligible employees may take up to 12 weeks of unpaid leave in a 12-month period for reasons such as childbirth, adoption, caring for a seriously ill family member, or their own serious health condition. Spouses working for the same employer share a combined 12 weeks for certain types of leave, and leave may be taken all at once or intermittently, depending on the circumstances. Employers can require medical certification, additional opinions, and periodic status reports from employees during FMLA leave.