Family and Medical Leave Act

1. Family and Medical Leave Act • Employers with 50+ employees • Unpaid leave for employees for: • birth or adoption of child • foster care • serious medical condition for child, spouse, self or parents • Right to return to same or equivalent position • May require notice • “Key employees” exempted

2. Serious Health Condition • A period of incapacity with or consequent to inpatient care • A period of incapacity requiring absence from school, work, or regular daily activities for more than 3 calendar days • Continuing treatment by a health care provider for a chronic condition • Employee or family member is treated two or more times for condition by health care provider or which results in a regimen of continuing treatment • Employee or family member is under continuing supervision of a health care provider due to a long term or chronic condition or disability

3. Servicemember Family Leave • 2008 & 2009Amendments provide additional unpaid leave • “Covered Servicemember “Leave: • Employee who is spouse, child, parent or next of kin of “covered servicemember” can take up to 26 weeks of leave over single 12 month period • “Covered Servicemember” is member of armed forces, National Guard or Reserves who is undergoing medical treatment, recuperation or therapy or on temporary disability for injury or illness incurred in line of active duty, or that was aggravated by active service, that may render member unfit to perform duties • “Qualifying Exigencies” Leave: • Employee who is spouse, child or parent of active-duty servicemembers or veterans can take up to 12 weeks unpaid leave to address “qualifying exigency” • “Qualified Exigency” includes call to active duty for contingency operations , or foreign deployment of member of armed services