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        What follows is a "snapshot" of the act, taken with permission,  from "The FMLA Handbook," by

Robert M. Schwartz. The book is available from the Work Rights Press, 678 Massachusetts

Ave., Cambridge, MA 02139-0008. ($9.95)

        After eight years of Congressional debate, 13 votes, and two vetoes by George Bush, the Family

and Medical Leave Act of 1993 (FMLA) was passed by Congress and signed into federal law by President Bill

 Clinton. The FMLA took effect on August 5,1993. For employees under union contracts, implementation was

 delayed until February 5, 1994.

The FMLA covers:

All private employers, including non-profit

organizations, with 50 or more employees

All public employers, including federal, state, city and local agencies and schools

You are eligible for FMLA time off (leave) if all of the following apply:

You work for a covered employer

You have worked for this employer for at least 12

months or 52 weeks (the period does not have to be consecutive)

You have worked at least 1250 hours over the period of 12 months

You work at a location where 50 or more workers are employed, or where the number of workers within 75 miles

 is 50 or more. 

        You may take up to 12 workweeks of unpaid FMLA leave in each 12-month period for the following reasons:

For a serious health condition that makes you unable to perform your job (medical leave)

To care for a seriously ill child, spouse, or parent (family leave)

For childbirth or to care for a newborn child up to age one (childbirth leave and newborn care leave)

For the placement of a child with you for adoption or foster care (adoption leave and foster placement leave)

Your 12 weeks of leave may be taken all at once for one of the above reasons or at different times for different

 reasons. Your leave may not be denied because of production needs, a busy operating schedule, or because your

 employer considers your job too important for you to take time off. Nor may your employer order you to perform

 light-duty work in lieu of medical leave.

        FMLA leave does not have to be paid. However, if you have accrued vacation, personal, or sick leave, you

 may be  able to use it during your FMLA absence. Serious health conditions include on and off-the-job injuries and

 illnesses  which incapacitate you or a family member for more than three consecutive calendar days, chronic health

 conditions, and pregnancy. Absences due to serious health conditions are protected even if they are as short as a

day or part of a day. For instance, if you have a chronic back condition, you might have to use one FMLA day in

 January, six days in March, three days in April, two weeks in July, a half-day in August, and three days 

in December.  You must be granted a part-time work schedule if necessary because of your own health condition

or that of a family member. For example, if your doctor instructs you to work half-time following surgery, your

 employer is required to follow this schedule for up to 24 weeks (equivalent to 12 full weeks).  FMLA leave cannot

 be used against you. Your employer may not use FMLA absences as a basis for imposing discipline, giving you a

 poor evaluation, or denying you advancement. FMLA absences cannot be counted under "no-fault" attendance

 policies.  You must provide at least 30 days' advance notice if your need for FMLA leave is foreseeable. If

your leave or absence cannot be anticipated 30 days in advance, you must give notice as soon as practicable. You

 are obliged to inform your employer about the reason for your leave but you do not have to mention the FMLA.

 Your employer can request certification from your health care provider to verify that your requested leave or

 unexpected absence is due to a serious health condition.  

        Your employer must display posters about the FMLA, include information in employee handbooks and, when

 you take FMLA leave, give you a notice about your specific rights and obligations. In addition, you must be notified

 within two days if a paid leave is to be designated as an FMLA leave.  During your FMLA leave, group health plan

 benefits must be maintained as if you had continued to work. If your employer has been paying 100% of your

 insurance premium, it must continue to pay this amount. If you pay a portion of the premium, this obligation remains.

When you return from FMLA leave, you must be restored to your former position or to an equivalent one with no

 loss to your seniority or benefits.  A position is not equivalent unless it has virtually identical pay, benefits, and

 working conditions; requires substantially equivalent skills, efforts, and responsibilities; and consists of the same or

 substantially similar duties. Your right to reinstatement may not apply if a layoff during your leave eliminates your

 position of if a project you were hired for has been completed.

        The FMLA is enforced by the Wage and Hour Division of the US Dept. of Labor (DOL). You or your union

 can file a complaint at the DOL in person, by letter, or by telephone. Complaints must be filed within two years of

 the violation; three years are allowed if the violation is willful.  FMLA lawsuits--including collective actions--may be

 filed in federal or state court. Double damages can be awarded if you have suffered monetary losses.  You may

 have additional rights under your union contract, state leave law, or workers' compensation statute. If your

 collective bargaining agreement or state law provides greater benefits than the FMLA, the collective bargaining

 agreement or the state law applies.

          A FMLA violation occurs if an employer:

Refuses to allow time off for FMLA purposes

Coerces or intimidates an employee in order to discourage use of FMLA leave

Discharges, disciplines, or demotes an employee for FMLA absences

Gives a poor evaluation or denies a promotion because of FMLA absences

Punishes an employee for complaining about FMLA violations, telling others about the FMLA, or taking legal action

 to enforce the FMLA

Fails to continue health benefits during an FMLA leave

Orders an employee to report to a light-duty position during an FMLA leave

Fails to restore an employee to his or her former position or to an equivalent position after an FMLA leave

Interferes or denies any rights provided by the FMLA or its implementing regulations