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Human Resources
Quinn Administration, 03, 00076

p. 617-287-5150
f. 617-287-5179

Family Medical Leave Act ( FMLA)

The U.S. Department of Labor's Employment Standards Administration, Wage and Hour Division, administers and enforces the Family and Medical Leave Act (FMLA) for all private, state and local government employees, and some federal employees. Most Federal and certain congressional employees are also covered by the law and are subject to the jurisdiction of the U.S. Office of Personnel Management or the Congress.

FMLA became effective on August 5, 1993, for most employers. FMLA entitles eligible employees to take up to 12 weeks of unpaid, job-protected leave in a 12-month period for specified family and medical reasons. UMass Boston uses the calendar year as the 12-month period.

The law contains provisions on employer coverage; employee eligibility for the law's benefits; entitlement to leave, maintenance of health benefits during leave, and job restoration after leave; notice and certification of the need for FMLA leave; and, protection for employees who request or take FMLA leave. The law also requires employers to keep certain records.

To be eligible for FMLA benefits, an employee must:

• work for a covered employer;
• have worked for the employer for a total of 12 months
• have worked at least 1,250 hours over the previous 12 months; and
• work at a location in the United States or in any territory or possession of the United States where at least 50 employees are employed by the employer within 75 miles.

 

Leave Entitlement:

A covered employer must grant an eligible employee up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons:

• - for the birth and care of the newborn child of the employee;
• - for placement with the employee of a son or daughter for adoption or foster care;
• - to care for an immediate family member (spouse, child, or parent) with a serious health condition; or
• - to take medical leave when the employee is unable to work because of a serious health condition.

 

Please note that some collective bargaining agreements and Commonwealth personnel policies may offer more generous leave benefits with different eligibility requirements and leave entitlements. In these instances, the most generous benefit will apply.