NCJ Number
212954
Journal
FBI Law Enforcement Bulletin Volume: 75 Issue: 1 Dated: January 2006 Pages: 25-32
Date Published
January 2006
Length
8 pages
Annotation
This article reviews the major provisions of the 1993 Federal Family and Medical Leave Act (FMLA) and discusses what is required of law enforcement agencies in complying with it.
Abstract
The FMLA entitles eligible employees to a minimum of 12 weeks unpaid leave during any 12-month period because of a serious health condition, having to care for certain family members who are seriously ill, the birth of a child, or the placement of a child for adoption or foster care. In interpreting how the FMLA's provisions apply to law enforcement employers, this article first outlines the characteristics of an employee that makes him/her eligible to come under the law's provisions. The FMLA applies to employees who have been with an agency for at least 1 year and worked for at least 1,250 hours during the previous 12-month period. Issues of being on paid or unpaid leave, being on call, or being in training are discussed as they apply to the calculation of hours worked. A second FMLA provision discussed is what qualifies as a "serious illness." The article advises that, given the complicated definitions of a serious illness within the act itself, law enforcement employers should consult medical professionals or legal counsel in specific cases. A third provision interpreted in this article is the characteristics of family members whose illness qualifies an employee to have protected leave. The discussion focuses on who qualifies as a "spouse," a "parent," a "son" or a "daughter." The article also gives an explanation of how FMLA leave must be taken. The primary issue addressed in this discussion is the flexibility allowed in an employer's planning with the employee for the scheduling of the leave, that is, whether it will be intermittent, continuous, full-time, or part-time.