Medical Leave Act

The Family and Medical Leave Act enacted on February 5, 1993 and made effective on August 5, 1993, is an act that grants family and temporary medical leave under certain circumstances. This law includes any eligible employee. Under this law, “eligible employee” means an employee who has 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 and Medical Leave Act include any employer:

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


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


• any successor 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 Family and Medical Leave Act covers employment benefits which include all benefits provided or made available to employees by an employer, including educational benefits, health insurance, annual leave, group life insurance, disability insurance, sick leave, 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 and Medical Leave Act, call a Mesriani Lawyer today.