The Family and Medical Leave Act (FMLA) is a federal law that became effective in 1994. The purpose of the FMLA is, in general, to protect families and employees by allowing them to take leave from work without losing their jobs and benefits. In general, the FMLA requires covered employers to allow their eligible employees to take up to 12 weeks of unpaid leave during a 12-month period for reasons including the birth of an employee’s child or an employee’s serious health condition and up to 26 weeks for certain military-related reasons. Upon return from leave, the employees must then be reinstated to the same or an equivalent position, with the same pay and benefits.
Because of the complexity of the FMLA statute and the Department of Labor’s FMLA regulations, many employers have difficulty determining when an employee is entitled to FMLA leave and what conditions may be placed upon such leave. The purpose of this chapter is to explain some of the more complex provisions of the FMLA and its regulations, so that Maryland employers may more easily comply with the FMLA’s requirements.
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