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

The Family and Medical Leave Act (FMLA) is a federal law that protects the rights of people who need to take time away from work for medical or family reasons. The FMLA was enacted in Virginia in 1993 and is enforced by the U.S. Department of Labor. Under the FMLA, eligible employees who have worked at least 1250 hours in the last 12 month period are entitled to 12 weeks of unpaid but job-protected leave for the following reasons: • To care for a family member with a serious health condition; • To take care of an employee’s own serious health condition; • To care for a newborn baby; • To care for a newly adopted or foster child; or • To address a qualifying exigency related to the military service of a family member. The FMLA also requires employers to maintain and pay for the employee’s health insurance benefits while they are on leave. Employers must also return the employee to their job or an equivalent position when the leave is over. The FMLA is important because it provides employees with an important right to take time off from work to handle their medical and family needs without fear of job loss or other repercussions. Employees who are denied FMLA rights or are retaliated against for taking FMLA leave may be able to file a complaint with the Department of Labor.

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