MSU Human Resources >> Timoffleave >> Supportstaff >> FMLA Frequently Asked Questions

FMLA Frequently Asked Questions

The Family and Medical Leave Act (FMLA) of 1993 (Final Rule) is a federal law which helps employees balance their work responsibilities with their family and medical needs. The Act sets national standards for employers when providing leave for such purposes. It is expected employers and employees alike will benefit since there is a documented correlation between family stability, increased job satisfaction, reduced absenteeism and tardiness among workers.

The Act requires that eligible employees be allowed to take unpaid leave, or paid leave if earned, for a period of up to12 workweeks in any 12-month period in the event of the birth of a child or the placement of a child for adoption or foster care; because the employee is needed to care for a family member (child, spouse/eligible partner, or parent) with a serious health condition; or because an employee's own serious health condition makes her/him unable to perform the essential functions of her/his job. The Act provides for this leave to be taken intermittently, or the employee may work a reduced leave schedule in some cases when such arrangements meet the medical necessity of the employee.

2008 amendments to the FMLA extended FMLA leave protection and other rights to situations where eligible employees need leave for (1) qualifying exigencies related to a family members call up for or service on active military duty or (2) care for a family member who has or is recuperating from a serious illness or injury incurred in military service, including where the employee is next of kin to the service member.

On October 28, 2009 President Obama signed into law the National Defense Authorization Act for Fiscal Year 2010 (H.R. 2647). In section 565, the legislation makes important changes to the Family and Medical Leave Act (FMLA).

Specifically, military caregiver leave has been expanded so it may be used to care for veterans undergoing treatment, recuperation or therapy for an injury, as long as the veteran was a member of the Armed Forces, National Guard or Reserves within five years of requiring care. The amendments also expand military caregiver leave so that employees may use it to care for a covered service member’s serious injury or illness incurred because service on active duty aggravated an existing or preexisting injuries. Previously, the act only allowed caregiver leave for serious illnesses or injuries incurred on active duty.

The legislation also expands the use of qualifying exigency leave. Under the new law, qualifying exigency leave will now cover family members of the regular Armed Forces deployed to a foreign country, in addition to current coverage of family members of the Guard or Reserves.

Use the links below to view the frequently asked questions concerning the Family and Medical Leave Act (FMLA). The FMLA FAQs are also available in a printable PDF.

Back