The Family and Medical Leave Act of 1993
Contents
Introduction
The Family and Medical Leave Act of 1993 (Public Law 103-3) allows eligible employees to take reasonable unpaid leave (up to 12 full weeks each year) for the birth or adoption of a child, the new placement of a foster child, or the serious illness of the employee or close family member. This law was intended to extend job protection to employees for specified family and medical reasons, as well as benefiting employers by stabilizing their employee's home life, thus making employees more productive and less distracted at work.
Although all public agencies (including local governments) are covered by the FMLA, not all public employees are covered. To be eligible, employees have to work for a covered employer for at least 12 months (they need not be consecutive) and must have worked at least 1,250 hours within the prior 12-months. The eligible employee must work at a location where at least 50 employees are employed, and be within 75 surface miles of the employer.
There are five Titles in the Family and Medical Leave Act:
- Title I. General Requirements for Leave -- Covers private employers of 50 or more employees, public agencies [as defined in Section 3(e) of the Fair Labor Standards Act (FLSA), 29 U.S.C. 203(e)] and certain federal employers and agencies, such as the U.S. Postal Service.
- Title II. Covers federal and civil service employees.
- Title III. Concerns the establishment of a Commission conducting a comprehensive study on employment and family leave.
- Title IV. Contains miscellaneous provisions pertaining to effective dates, regulations, the effect of the Act on more generous leave policies, collective bargaining agreements, and other laws.
- Title V. Extends similar leave provisions to certain employees of the U.S. Senate and House of Representatives.
Federal legislation was adopted in 2008 that provides up to 26 weeks of leave during a single 12-month period to allow a family member to care for a member (who is a spouse, son, daughter, parent or next of kin) of the armed forces who has been injured in the line of duty. The legislation also allows a spounse, son, daughter or parent of a member of the armed forces to take up to 12 weeks of leave to deal with issues that arise when a member of the armed forces is called into active duty. See The Family and Medical Leave Act and National Defense Authorization Act for FY 2008. Similar legislation has been adopted in Washington in 2008 (SB 6447 
) (codified in chapter 49.77 RCW) allowing 15 days of leave per deployment.
Legal References
Statutes
- Family and Medical Leave Act (FMLA) of 1993 - Text of the federal statutes that comprise the FMLA
- The Family and Medical Leave Act and National Defense Authorization Act for FY 2008
- Ch. 49.78 RCW - Washington State Family Leave Act - Grants employees unpaid leave to care for newborn or newly-adopted child, or to care for a child suffering from a terminal illness
- Ch. 49.77 RCW - Military Family Leave Act
- RCW 49.12.270 - Sick Leave to Care for a Child - Entitles an employee to use accrued sick leave to care for a child with a health condition. Unlike the FMLA, this statute does not require that the child have a "serious health condition."
- WAC 162-30-020 - This state regulation details the disability leave for pregnancy or childbirth that employers must provide.
Other Legal References
- Family and Medical Leave Insurance () - Legislation was enacted in 2007 setting out a framework for a family leave insurance program, which will go into effect in October 2012. The legislation (Laws of 2007, ch. 357, which had its implementation date delayed by the Laws of 2009, ch. 544), creates a joint legislative task force to study the program. The statute requires that leave taken under the statute must be taken concurrently with the federal FMLA leave and permits employers to require that leave be taken concurrently or otherwise coordinated with leave allowed under collective bargaining agreements. Now codified at chapter 49.86 RCW.
- Code of Federal Regulations 29 C.F.R. § 825 - Includes the detailed rules of The Family and Medical Leave Act. Here you can find information on FMLA eligibility, employee and employer rights and obligations, types and conditions of leave, enforcement mechanisms, as well as what records must be kept.
- Compliance Assistance - Comprehensive information regarding the FMLA presented by the United States Department of Labor
- Fact Sheet for interplay between ADA and FMLA - Fact sheet prepared by the Equal Employment Opportunities Commission, set out in a question and answer format, exploring the interplay between the Americans with Disabilities Act and the Family and Medical Leave Act.
- Family and Medical Leave Act (FMLA) Advisor - Information about employee eligibility under FMLA; including valid reasons for leave; employee/employer notification responsibilities; and employee rights and benefits. This Advisor was developed by the Wage and Hour Division of the Employment Standards Administration.
- Family and Medical Leave Entitlement, a website prepared by the U.S. Office of Personnel Management - Includes full regulations and questions and answers
- AFSCME's Comprehensive Guide to Understanding The Family and Medical Leave Act
- Family and Medical Leave Act, Department of Employee Relations, State of Minnesota - Policies, forms, questions and answers
- Family and Medical Leave Act: A General Overview, by the Job Accommodations Network
- Family and Medical Leave Act (FMLA) Guide , prepared by the Office of Budget and Management for the State of Maryland
- The Family and Medical Leave Act, the Americans with Disabilities Act, and Title VII of the Civil Rights Act of 1964, prepared by the U.S. Equal Opportunity Commission - A question and answer paper discussing the three acts
- FMLA Special Rules for Returning Reservists (USERRA)
Documents
- Changes to State and Federal Leave Laws (), by Karen Sutherland
- The Family and Medical Leave Act of 1993 fact sheet - A quick reference guide to the FMLA
- Washington's Family Care Act (RCW 49.12.270) () - Highlights of the newly expanded law
- Your Rights under the Family and Medical Leave Act of 1993 - The same information required by employers to post in the workplace.
- New Changes to the Family Medical Leave Act: Further Expansion of Military Leave Entitlement, by By Sofia D'Almeida Mabee, Employment Attorney, 11/2009 - Originally published in HR Advisor column in MRSC In Focus
- Fact Sheet, prepared by the U.S. EEOC - On The Family and Medical Leave Act, the Americans with Disabilities Act, and Title VII of the Civil Rights Act of 1964
- FMLA poster, effective 01/2009
- Sample Notice of FMLA Leave Approval, MRSC
Request for FMLA Leave Forms
- Certification of Health Care Provider for Family Member’s Serious Health Condition (), U.S. Department of Labor, 01/2009
- FMLA Leave Request Form (), Department of Human Resources, State of Idaho, 12/11/2009
- Family Medical Leave Act (FMLA) Leave Request (), Whatcom County Administrative Services Human Resources, 04/02/2010
- Family Medical Leave Act leave request forms, prepared by the City of Renton, Human Resources Risk Management - Links to request forms when leave is needed for the care of the employee, a family member or military
- FMLA Leave Request Form (), prepared by the City of Findlay, Ohio
Sample Leave Policies from Selected Washington Jurisdictions
- Bellingham
- Bothell
- Clallam County (), 11/2004
- Ellensburg (), 12/2009
- Grandview (), 05/2008
- Okanogan County ()
- Renton (), 05/2009
- Toppenish (), 05/2005
- Tumwater (), 09/2011
- Vancouver (), 05/2008
- Whatcom County