What is the Family and Medical Leave Act (FMLA)?
The Family and Medical Leave Act (FMLA) is a law passed by Congress in 1993 that provides certain employees with up to 12 weeks of unpaid, job-protected leave each year to care for themselves or a family member with a serious health condition. This law intends to prevent job loss and other financial hardships for employees who need to take time off for health-related circumstances. The FMLA covers all employers with 50 or more employees within a 75-mile radius of the workplace. It applies to private, public, and government employers, as well as elementary and secondary schools. In general, an employee must have worked for the organization for at least 12 months, and for at least 1,250 hours during that period to qualify for leave under the FMLA. In Virginia, the FMLA applies to employers with 15 or more employees, as well as to public employers regardless of the number of employees. In some cases, an employer may require employees to substitute accrued paid leave (such as vacation or sick leave) for unpaid leave allowed under the FMLA. The FMLA does not provide for a lump-sum payment of wages or other types of income compensation while on leave. However, employees may be eligible for other forms of financial assistance, such as state disability insurance, Social Security disability, or veterans’ disability benefits. Employers in Virginia are required to allow employees to take advantage of any other available resources to support themselves while on leave under the FMLA.
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