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Family & Medical Leave Act

The Family and Medical Leave Act of 1993 (FMLA) applies to all public agencies and private-sector employers who employ 50 or more employees in 20 or more workweeks.

Employees who are eligible for FMLA benefits must:

§       Work for a covered employer;

§       Have been an employee of the covered employer for a total of 12 months;

§       Have worked for the employer for at least 1,250 hours over the previous 12 months; and

§       Work at a location in the United States or in any United States territory where the employer employs at least 50 employees within 75 miles.

FMLA affects drug-free workplace programs, because a covered employer must grant an eligible employee up to a total of 12 workweeks of unpaid leave during any 12-month period when the employee is unable to work because of a serious health condition.

A serious health condition includes:

§       Any period of incapacity or treatment connected to inpatient care such as substance abuse treatment, or Continuing treatment by a health care provider, which includes any period of incapacity (i.e., inability to work) due to a health condition (including treatment thereof, or recovery from) lasting more than three consecutive days, and any subsequent treatment or period of incapacity relating to the same condition.

Source: Legislative Library, St. Paul, MN 612-296-3398
SAID Item No.:  720
Topic(s):  Laws and Regulations
Sub-topic(s):  State Laws and Regulations

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