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FMLA-An Introduction

Background.

The Family Medical Leave Act (FMLA) of 1993 was enacted on February 5, 1993. The FMLA generally entitles an "eligible employee" to take up to a total of 12 workweeks of unpaid leave during any 12-month period for the birth of a child, care of a child, placement of a child for adoption or foster care, care for a spouse or an immediate family member with a serious health condition, or when the employee is unable to work because of a serious health condition.

The FMLA became effective on August 5, 1993 except where a collective bargaining agreement (CBA) was in effect on that date, in which case the provisions took effect on the date the CBA terminated or on February 5, 1994, whichever date occurred earlier. The "final rules" became effective on April 6, 1995.

The FMLA was enacted by Congress to benefit you, the employee, during those times of your life when you would need it. Those occasions where your serious health condition, or your dependent's serious health condition, precluded you from going to work to either attend to your own health condition, or to care for your dependents, if required. Congress enacted this legislation with the intent that it be administered in "good faith" and that their would be a cooperative atmosphere between the employer and the employee.

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