The Family and Medical Leave Act ("FMLA") became federal law in 1993. It requires employers of a certain size to allow employees at least 12 weeks of unpaid leave for a variety of medical and family issues. Under the FMLA, the employer must allow the employee to return to his or her former position or an equivalent position upon return to work. In essence, the FMLA provides job security in the event an employee cannot work (either at all or at full capacity) for a period of time.

The FMLA is particularly important to women due to pregnancy, the care of infants, and the dispropportionate share of care they provide other family members.

In brief, the FMLA applies to:

Employers (anyone engaged in commerce or an activity affecting commerce) with 50 or more employees for at least 20 weeks out of the year. 29 U.S.C. § 2611(4)(A)(i). The definition includes those who act in the interest of the employer towards the employees. 29 U.S.C. § 2611(4)(A)(ii).

Employees who have been employed by the covered employer for at least 12 months and at least 1250 hours in the previous 12-month period. 29 U.S.C. § 2611(2)(A). Individuals who would otherwise be considered eligible employees are not covered if they work at a job site with fewer than 50 employees and the employer has fewer than 50 employees within 75 miles of the jobsite. Certain federal officers and employees are also excluded. 29 U.S.C. § 2611(2)(B).

An eligible employee is entitled to FMLA leave under four circumstances:

1. to provide care for a newborn;
2. to provide care for a newly adopted or newly fostered child;
3. to provide care for a child, parent, or spouse with a serious health condition; or
4. the employee has a serious health condition that renders them unable to perform their job.

29 U.S.C. § 2612(a)(1)(A)-(D).

The FMLA protects an employee's job, not their pay. The leave is unpaid, but the employee is entitled to return to their position or one that is substantially similar.

The FMLA also helps protect employee benefits.

1. Health benefits: An employer must maintain an employee's health insurance at the same level. 29 U.S.C. § 2614(c)(1).
2. Other benefits: An employee also cannot lose other benefits such as life insurance, sick leave, vacation, and pension. 29 U.S.C. § 2611(5).

The FMLA also protects against retaliation by an employer when an employee asserts their rights under the FMLA or helps another assert his or her rights (eg. by providing corroborating information, testifying at an inquiry, etc.). 29 U.S.C. § 2615(a)-(b).