The Family and Medical Leave Act (FMLA) (1993)

In general, the Family and Medical Leave Act sets in place new benefits for some employees in the country. If their employer has 50 or more people on the payroll, then they are required to permit FMLA leave of absence for their workers. FMLA provides for leaves
lasting up to 12 weeks in a 12-month period, and it is unpaid unless the employer has the policy to pay for the leave time. The 12-month period begins on the first day of leave. A new leave availability will occur 12 months from the date the first leave began. During the leave, it is an obligation of the employer to continue paying any benefit plan premiums that the employer would have paid if the employee had remained on the job. If there is a portion of the premium for health insurance that is normally paid by the employee,
that obligation for co-payment continues during the employee’s leave time. The 12 weeks’ leave may be taken in increments of 1 day or less.

To qualify, employees must have more than 1 year of service. The leave is authorized to cover childbirth or adoption; to care for a seriously ill child, spouse, or parent; or in case of the employee’s own serious illness. The employee is guaranteed to return to work on the same job, at the same pay, and under the same conditions as prior to the leave of absence. There are provisions for “Military Caregiver Leave” lasting up to 26 weeks of unpaid leave of absence for employees with family members needing care due to a military duty–related injury or illness. The 26-week limit renews every 12 months. The law provides for “National Guard and Military Reserve Family Leave.” Employees who are family members of the National Guard or Military Reservists who are called to active duty may take FMLA to leave to assist with preparing financial and legal arrangements and other family issues associated with rapid deployment or postdeployment activities. An employer may agree to any nonlisted condition as a qualifier for FMLA leaves as well. FMLA provides for “Light Duty Assignments.” It clarifies that “light duty” work does not count against an employee’s FMLA leave entitlement. It also provides that an employee’s right to job restoration is held in abeyance during the light duty period. An employee voluntarily doing light-duty work is not on FMLA leave.

There is an employment poster requirement. The notice must be posted at each work location where employees can see it without trouble. A “Medical Certification Process” is part of the new provisions. DOL regulations have specified who may contact the employee’s medical advisor for information, written or otherwise, and specifically prohibits the employee’s supervisor from making contact with the employee’s medical advisor.

Specific prohibitions are made against illegal discrimination for an employee taking advantage of the benefits offered under this law. These provisions are enforced by the EEOC. For more information, see www.dol.gov/whd/fmla/.

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Sharam Kohan
Sharam Kohan

Sharam Kohan: Biography

Sharam Kohan is a seasoned professional with an extensive background in law, human relations, and organizational leadership. Currently a degree candidate for an LLM at UC Berkeley Law, Sharam brings a unique blend of legal education, hands-on experience, and a deep commitment to social justice and human rights.

With a career that spans diverse sectors, Sharam's expertise extends far beyond the classroom. He has served as a Human Relations Commissioner, contributing his leadership to Alameda County’s Human Relations Commission, where he worked on initiatives to improve community relations and promote equity. His dedication to social change is also evident in his philanthropic efforts as a donor to organizations like FACES SF, which provides vital resources and support to the Bay Area’s underserved communities.

An advocate for labor and employment rights, Sharam holds a specialization in Employment Law from Temple University School of Law, which has furthered his ability to navigate complex legal frameworks. His professional journey includes leadership roles across human resources and operations, where he has honed his ability to manage teams, shape organizational culture, and implement effective strategies that drive success. He also holds SHRM certification, further solidifying his expertise in human resources management.

As a writer and thought leader, Sharam has authored multiple works that delve into complex philosophical and legal topics. His books, Judgment, a Priori Itself and Sartre’s Conception of Freedom, explore the intersections of law, philosophy, and human freedom, blending his academic background with a passion for intellectual inquiry. These works have garnered attention for their thoughtful analysis and exploration of complex ideas, establishing Sharam as a respected voice in both legal and philosophical circles.

Though not a traditional legal scholar, Sharam’s interdisciplinary approach to understanding law and society has made him a sought-after commentator on topics ranging from legal theory to organizational dynamics. His writing can be found on various platforms, including his blog at Harvard, where he shares insights on law, politics, and social issues.

Sharam Kohan is a dynamic and forward-thinking professional with the knowledge, experience, and passion to contribute meaningfully to the legal, social, and business landscapes.

For more on Sharam Kohan’s work, visit his blog at archive.blogs.harvard.edu/kohan and his author pages on Amazon, including Judgment, a Priori Itself and Sartre's Conception of Freedom.

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