Family Leave Act

The Family Leave Act (Family and Medical Leave Act), or Public Law 103-3, enacted on February 5, 1993, is an act that grants family and temporary medical leave under certain circumstances. Its scope covers all eligible employees which mean employees who have been employed:

• for at least 12 months by the employer with respect to whom leave is requested under section 102 of the same Act or


• for at least 1,250 hours of service with such employer during the previous 12-month period.

As to employers, the Family Leave Act includes:

• those who engage in commerce or in any industry or activity affecting commerce and who employ 50 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year;


• persons who act, directly or indirectly, in the interest of an employer to any of the employees of such employer;


• successors in interest of an employer; and


• any "public agency", as defined in section 3(x) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(x)).

The employment benefits provided by the Family Leave Act include all benefits provided or made available to employees by an employer, including group life insurance, health insurance, disability insurance, sick leave, annual leave, educational benefits, and pensions, regardless of whether such benefits are provided by a practice or written policy of an employer or through an "employee benefit plan", as defined in section 3(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(3)).

For more information about the Family Leave Act, call a Mesriani Lawyer today.