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 Washington State, the Family and Medical Leave Act (FMLA) provides eligible employees with the right to take up to 12 workweeks of unpaid leave within a 12-month period for specific family and medical reasons, with the guarantee that their group health insurance coverage will continue under the same terms. These reasons include 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, FMLA allows for leave due to certain exigencies related to a family member's covered military service, and up to 26 workweeks of leave to care for a family member who is a service member with a serious injury or illness. It's important to note that to be eligible for FMLA leave, employees must meet certain criteria, such as working for the employer for at least 12 months and having worked a minimum number of hours within the 12 months prior to the leave. Washington State may also have additional state-specific family leave laws that provide similar or additional protections beyond the federal FMLA.