Introduction to the
Family and Medical Leave Act
Who can take family or
medical leave
In order to take family or medical leave, you
must satisfy three basic conditions:
-
You must be an "eligible employee."
-
You must have a family or medical situation that
is covered by the Act.
-
The Family and Medical Leave Act must apply to
your employer.
Who is an eligible employee
under the FMLA
An eligible employee is someone who has been
employed for at least 12 months by the employer, and who has at least 1,250 hours of
service with the employer during the previous 12-month period. In addition, the employee
must work at a location where the employer employs 50 or more persons at that worksite (or
within a 75 mile radius of that worksite). See, 29 U.S.C. Section 2611(2). One court has held that the question of
whether the employee has been employed for 12 months and 1,250 hours is determined as of
the date the leave will be taken. On the other hand, the question of whether the
employer employs 50 or more persons is as of the date the leave is requested.
Federal employees who are covered by the FMLA are
covered by an entirely different set of statutes than those covered in this article.
Family or medical situations covered by
the FMLA
An eligible employee can take
family leave
for: (1) the birth of a child; (2) the adoption of a child; (3) the placement of a child
with the employee for foster care; or (4) the care of a child, spouse, or parent who has a
serious health condition (which is discussed later). See, 29 U.S.C. Section 2612.
What about child custody cases?
In the case of
Kelley v. Crosfield Catalysts, 135 F.3d
1202 (7th Cir. 1998), the Seventh Circuit decided that the FMLA may apply where a
biological parent seeks custody of his child.
In addition to an employee's right to take
family
leave, an eligible employee can take medical leave if he or she has a serious
health condition.
