Family and Medical Leave Act

Considered as the landmark legislation of its time, the Family and Medical Leave Act continues to uplift and cater to the promotion of employees’ rights and welfare. The labor force has utilized the Family and Medical Leave Act for much wanted care for their child, parent or spouse, and even for their own personal injury and sickness.

Yet, considering the advantages that the Family and Medical Leave Act affords to employees, countless other employees who would fall well within the eligibility criteria under this law, fails to pursue it. Reasons may range from fear of having negative repercussions on their employment, or that they are simply unfamiliar with the foregoing law.

The benefits afforded by the Family and Medical Leave Act extends to those employees eligible to take job-protected, unpaid leaves, or have the option of substituting appropriate paid leave provided the employee has earned and the same has accrued. This benefit may last for up to a total of 12 work weeks in any 12 months period for reasons that include any of the following:

• child birth,


• care for a newborn child,


• placement of a child for adoption or foster care,


• the need for the employee’s presence to care for a family member, be it a child, spouse, or parent suffering from a serious condition,


• and of course any serious health condition which makes the employee unable to perform the task incumbent upon him.

This leave is also available on an intermittent basis, where the employee may even work under a part-time schedule.

An employee who is on leave under the Family and Medical Leave Act also enjoys the guarantee of having health benefits while on leave as if the employee had continued working. To put it more blatantly, the taking of leave under the Family and Medical Leave Act does not operate to lose any of the benefit which accrued to the employee.