www.dol.gov/compliance
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November 5, 2008
DOL Home > Compliance Assistance > By Topic > Benefits > Family and Medical Leave |
* The Family and Medical Leave Act was amended on January 28, 2008. Please visit Wage and Hour's Web page for additional information. The Family and Medical Leave Act (FMLA) provides an entitlement of up to 12 weeks of job-protected, unpaid leave during any 12-month period to eligible, covered employees for the following reasons: 1) birth and care of the eligible employee's child, or placement for adoption or foster care of a child with the employee; 2) care of an immediate family member (spouse, child, parent) who has a serious health condition; or 3) care of the employee's own serious health condition. It also requires that employee's group health benefits be maintained during the leave. The FMLA is administered by the U.S. Department of Labor Employment Standards Administration's Wage and Hour Division. The Uniformed Services Employment and Reemployment Rights Act (USERRA) requires that a person reemployed under its provisions be given credit for any months and hours of service he or she would have been employed, but for the military service, in determining eligibility for FMLA leave. The USERRA is administered by the Veterans Employment and Training Service (VETS). Application of the FMLA can also be impacted by the Consolidated Omnibus Budget Reconciliation Act of 1986 (COBRA), the Americans with Disabilities Act of 1990 (ADA), or the Health Insurance Portability and Accountability Act (HIPAA). See "Related Topics and Links" below. COMPLIANCE ASSISTANCE MATERIALS
In addition to records required by the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA) requires that employers designate time taken as FMLA by eligible employees as such and preserve certain notices to and from employees concerning medical leave. See 29 CFR 825.500.
APPLICABLE LAWS AND REGULATIONS
*Pursuant to the U.S. Department of Labor's Confidentiality Protocol for Compliance Assistance Inquiries, information provided by a telephone caller will be kept confidential within the bounds of the law. Compliance assistance inquiries will not trigger an inspection, audit, investigation, etc. |
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