Employers Covered

• The Family and Medical Leave Act applies to private-sector employers who had more than 50 employees on the payroll for at least 20 weeks in either the current or preceding year. All public-sector employers must comply with the act, including those at the federal, state and local levels. Schools are also covered under the Family and Medical Leave Act.
  
  

Eligible Employees

• A person who has been working for an eligible employer for at least 12 months and who has accumulated at least 1,250 hours of service can take unpaid leave under the act.
  
  

Unpaid Leave

• Eligible employees may take up to 12 weeks of unpaid leave under the Family and Medical Leave Act to recover after giving birth and caring for a newborn. The leave may be taken by parents who have recently adopted or started fostering a child.
  
  Employees who have been diagnosed with a serious medical condition or who are caring for a relative who is seriously ill also qualify for the unpaid leave under the act. The leave is granted if the sick relative is a spouse, child or parent. In a situation where the relative requiring care for a serious illness or an injury is a member of the armed forces, eligible employers must grant up to 26 weeks of unpaid leave.
  
  

Serious Medical Condition

• Under the Family and Medical Leave Act, a serious medical condition includes an illness or injury. The condition may be a physical or a mental health issue. The affected person must either be admitted to a hospital or a treatment center offering in-patient care.
  
  A sick or injured person who is being treated for an ongoing medical condition and chronic health conditions and complications arising in pregnancy are included under the act.
  
  

Returning to Work

• Once the unpaid leave is finished, the employee has the right to return to the same job or a similar position to the one he held before the unpaid leave started. If the employee was participating in a group health insurance plan before the leave started, the employee can make arrangements to continue paying his or her share of the premiums while off work to keep coverage in force.