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The Family and Medical Leave Act of 1993 (FMLA) applies to all public
agencies and private-sector employers who employ 50 or more employees
in 20 or more workweeks.
Employees who are eligible for FMLA benefits must:
- Work for a covered employer;
- Have been an employee of the covered employer for a total of
12 months;
- Have worked for the employer for at least 1,250 hours over the
previous 12 months; and
- Work at a location in the United States or in any United States
territory where the employer employs at least 50 employees within
75 miles.
FMLA affects drug-free workplace programs, because a covered employer
must grant an eligible employee up to a total of 12 workweeks of unpaid
leave during any 12-month period when the employee is unable to work
because of a serious health condition.
A serious health condition includes:
- Any period of incapacity or treatment connected to inpatient
care such as substance abuse treatment, or
- Continuing treatment by a health care provider, which includes
any period of incapacity (i.e., inability to work) due to a health
condition (including treatment thereof, or recovery from) lasting
more than three consecutive days, and any subsequent treatment or
period of incapacity relating to the same condition.
More extensive information about FMLA is available in the elaws
FMLA Advisor.
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