Leave of Absence without Pay for Family and Medical Care (FMLA)

The Family and Medical Leave Act of 1993 provides up to 12 weeks of unpaid, job-protected leave to employees for certain family and medical reasons.  To be eligible for FMLA leave, an employee must be employed with the state for at least one year and must have worked at least 1,250 hours over the previous 12 months.  FMLA leave will be granted for the following reasons:

• To care for the employee’s child after birth, or placement for adoption or foster care
• To care for the employee’s spouse, son or daughter (under 18 years of age), or parent who has a serious health condition
• For a serious health condition that makes the employee unable to perform the employee’s job

NOTE: The Family and Medical Leave Act (FMLA) was recently expanded with the President's signing of the National Defense Authorization Act. This includes provisions authorizing up to 26 weeks of leave for a family member to care for a wounded soldier and allowing expanded use of the current 12-week allotment for a family member to take leave if another family member is called into active duty.

Information concerning these changes can be found at the following links:

http://www.dol.gov/esa/whd/fmla/NDAA_fmla.htm

http://www.dol.gov/esa/whd/fmla/NDAAAmndmnts.pdf