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

The Family and Medical Leave Act (FMLA) provides unpaid, job-protected leave for eligible employees who need time off for specific family and medical reasons. This act grants eligible employees up to 12 weeks of unpaid leave, and may include leaves for an employee’s own serious health condition, care for a family member with a serious health condition, to bond with a newborn or newly adopted child, or for qualifying exigencies related to a family member’s military service. In Pennsylvania, employers with at least 50 employees employed within 75 miles are required to comply with the FMLA. Eligible employees are those who have worked at least 1,250 hours over the 12 months immediately before the start of their leave, and have worked for the employer for at least 12 months. Employees are also eligible if they are a spouse, child, or parent of a covered service member with a serious injury or illness. The FMLA does not guarantee paid time off, but some employers may choose to offer it. Employees may also choose to use accrued vacation or other paid leave for the time they would otherwise be on unpaid FMLA leave. An employer can require employees to substitute any accrued paid leave for any portion of an FMLA-covered leave. The FMLA also provides job protections for employees during and after their leave. Employees are protected from termination, layoff, or loss of benefits while on FMLA leave. Additionally, employers are legally required to reinstate the employee to their former role, or a comparable role, with equivalent pay, benefits, and other conditions of employment.

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

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