The Family Medical Leave Act is 20!

What is the FMLA?  It is the Family & Medical Leave Act.  The Act was signed by President Clinton in February of 1993 and is 20 years old this year.

The FMLA applies only to employees who work for companies with 50 or more employees, have worked full time or at least 1250 hours per week in the past year, and have been continuously employed by the same employer for 1 year.

Under the Family & Medical Leave Act an unpaid leave of up to 12 weeks may be used for:

“The employee’s ‘serious health condition’, which is defined as an affliction that renders the employee unable to work and involves inpatient medical care or continuing medical treatment;

Care for a child, spouse, or parent with a serious health condition;

The birth or adoption of a child, or placement of a foster child;

A qualifying exigency relating to the employee’s spouse, child or parent who is on active military duty as covered by the act; or

 Care for a seriously ill or injured spouse, child or next of kin who is in a covered military service, in which case the leave is limited to 26 weeks of leave in a 12-month period.”

Minnesota has several laws that grant employees time off from work for various purposes.  Some of these include:

Sick or Injured Child Leave:  Employees who have worked for an employer with 21 or more employees for more than a year and averaged half time or more must be allowed to use their personal sick time to care for a sick or injured child.

Election Leave: Employees have the right to be absent from work, without loss of pay, “for the time necessary” to vote in Minnesota’s primary or general election, an election to fill a vacancy for United States Senate or House, or to fill a vacancy for State Senator or State Representative.

Military Paid/Unpaid Leave: Employees of state and local governments who are members of the Minnesota National Guard or military reserves are entitled to a leave of absence, “without loss of pay, seniority status, efficiency rating, vacation, sick leave, or other benefits” for up to 15 days each calendar year.

In addition, under Minnesota Statute § 192.261, service members who are engaged in active service work, and “during convalescence from an injury or disease incurred during active service” are entitled to a “leave of absence from the officer’s or employee’s public office or employment without pay during such service, with right of reinstatement.”  The unpaid leave of absence, however, “may not extend beyond four years plus each additional time in each case as such officer employee may be required to serve pursuant to law,”

Unless it would be “unduly disruptive to the operations of the employer,” unpaid leave is required to allow immediate family members of soldiers being deployed to attend send-off and home coming ceremonies. Up to ten days unpaid leave must be given to immediate family members of soldiers killed or injured in active service.

Bone Marrow and Organ Donation Leave: Certain employees must be afforded a paid leave of absence of up to 40 hours to donate bone marrow, organs or partial organs under Minnesota Statutes §§ 181.945 and 181.9456.

Handbooks:  Leave of absences also may be granted pursuant to policies adopted unilaterally by employers, often in nonbinding handbooks.

Union Contracts:  Collective bargaining agreements between labor unions and management also may provide for leaves that differ or are more extensive than those required by statutes, such as for bereavement, birthdays, or miscellaneous personal purposes.