What is the Family and Medical Leave Act (FMLA)?

The Family and Medical Leave Act (FMLA) is a law that provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for certain family and medical reasons. The FMLA is a federal law that applies to all states, including North Dakota. It was passed in 1993 and is enforced by the U.S. Department of Labor. FMLA applies to employers with 50 or more employees and requires these employers to give eligible employees up to 12 weeks of unpaid leave in a 12-month period for any of the following reasons: • The birth, adoption, or foster care placement of a child. • A serious health condition of the employee, employee’s spouse, child, or parent. • Military deployment of the employee’s spouse, child or parent. • Qualifying exigencies relating to the active duty of the employee’s spouse, child or parent in the Armed Forces. Employers must provide job protection for employees on leave, meaning they can’t be terminated or laid off due to taking time off under FMLA. In addition, employers must continue health care benefits under the same terms and conditions as when the employee was actively working. FMLA is important for employees in North Dakota and other states because it guarantees job protection, health care coverage, and time off when needed for certain family and medical reasons.

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