The Family and Medical Leave Act (FMLA) is a federal statute (applicable in all states) that entitles eligible employees of covered employers to take unpaid, job-protected leave for certain family and medical reasons—and with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. See 29 U.S.C. §§2601-2654.

Under the FMLA, eligible employees are entitled to twelve workweeks of leave in a twelve-month period for:

• the birth of a child and to care for the newborn child within one year of birth;

• the placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;

• to care for the employee’s spouse, child, or parent who has a serious health condition;

• a serious health condition that makes the employee unable to perform the essential functions of his or her job;

• any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty;” or

• twenty-six workweeks of leave during a single twelve-month period to care for a covered service member with a serious injury or illness if the eligible employee is the service member’s spouse, son, daughter, parent, or next of kin (military caregiver leave).

In Mississippi, as in all states, the Family and Medical Leave Act (FMLA) applies to eligible employees working for covered employers. This federal law allows for up to 12 workweeks of unpaid leave within a 12-month period for various family and medical reasons, including the birth or adoption of a child, to care for an immediate family member with a serious health condition, or for the employee's own serious health condition that prevents them from performing their job. Additionally, the FMLA provides for military family leave entitlements, which include leave for certain exigencies related to a family member's covered active duty and up to 26 workweeks of leave to care for a service member with a serious injury or illness for whom the employee is next of kin. During FMLA leave, employees are entitled to the continuation of group health insurance coverage under the same terms as if they had not taken leave. It's important to note that while the FMLA is a federal statute, employers in Mississippi must comply with this law, and there may be additional state-specific employment laws that provide similar or supplementary rights.