FMLA Defined

• According to the U.S. Department of Labor, the FMLA "provides certain employees with up to 12 weeks of unpaid, job-protected leave per year," while also requiring maintenance of group health benefits during the leave. This leave is available for the birth of a new child, the placement of an adopted or foster child, a serious health condition or to care for a seriously ill member of the immediate family.
  
  

Changing Responsibilities

• According to ENotes.com, FMLA was enacted in response to the "changing needs of workers' family responsibilities." The need for FMLA directly related to the increasing prevalence of two-income families and single-parent homes in our society. A growing number of families have taken on a significant portion of their parents' care as well.
  
  The escalating cost of health care added to the necessity for this act as less scrupulous companies prior to FMLA may have tried to withhold medical benefits for an employee on leave or decide not to reinstate employment post-leave to save on costs.
  
  

The Beginning

• The act was enacted on Feb. 5, 1993, and became effective on Aug. 5, 1993, for all employers that did not have a collective bargaining agreement (CBA) in effect. Companies under a CBA were required to observe the law by Feb. 5, 1994. The act is administered and enforced by the DOL's Employment Standards Administration. FMLA applies to all public agencies as well as private-sector employers employing 50 or more employees in 20 or more work weeks in the current or preceding calendar year.
  
  

2009 Updates

• In November 2008, the DOL published its "Final Rule" related to the first-ever amendments to the FMLA. These rules went into effect on Jan. 16, 2009. The most significant change concerns new entitlements related to military family leave. These changes apply both to the military member and to his immediate family. In addition to making it easier for military members to exercise their FMLA rights, the amendments also refined the definition of "serious health condition" to encompass a longer period of incapacity.
  
  

Connection to Pay

• FMLA offers unpaid job protection. However, you may be eligible for pay from your company directly, depending on your tenure and position with the organization, the length of your leave and the reasons. Some companies allow employees using FMLA to take sporadic (sick) time and pay until it is exhausted. Companies may also make pay provisions for employees related to a specific condition, such as childbirth. For example, large organizations may provide one week of pay per year of service in this situation.