The Family and Medical Leave Act (FMLA)
The Family and Medical Leave Act of 1993 (FMLA) is a federal law that provides eligible employees with up to 12 weeks of unpaid medical leave. Some states have laws that provide additional coverage depending on the health or medical circumstance.
What is the Eligible Employee Entitled to Under the FMLA? - 12 weeks unpaid leave
- Medical/health benefits during the leave
- Restoration of their original job when they return to work after the leave
Employee Eligiblity Under the Family and Medical Leave Act
To be eligible for the FMLA, the employee must fulfill all three of these requirements: - Have worked for the employer for the last 12 months
- Worked at least 1250 hours over the last 12 months
- Be employed by one of the covered employers. Covered employers include:
- ALL Government and Public Employers, including federal, state and local government employers, public agencies, and public schools.
- Private Employers if they:
- Have 50 or more employees working for 20 weeks over the calendar year AND
- Engage in interstate commerce (such as buying and selling goods across state lines) or an industry affecting interstate commerce.
Common Circumstances When the FMLA is Used: - The birth and care of a newborn child
- The placement of an adopted or foster child
- To care for an immediate family member with a serious health condition
- To take leave when the employee has a serious health condition
Employer's Responsibilities Under the Family and Medical Leave Act
An employer is not permitted to fire an employee who takes family or medical leave for a reason outlined in the FMLA. The employee, working for an employer covered by the FMLA, has a right under federal law to take this leave if they qualify. The employer cannot reprimand the employee for taking this leave.
Should I Consult an Attorney about the FMLA?
An attorney can help an employer determine whether the FMLA or other state family leave laws apply to them. The attorney can also help to ensure that the employer's rights are protected if an employee requests family or medical leave from the employer.
An attorney can help an employee to show the employer that family or medical leave is required. If the employee returns and feels that they are treated differently because of the leave, or if the employee has been fired because they attempted to take advantage of the rights under the FMLA, the employee should immediately consult an attorney.Vea esta página en español: Permiso para Ausentarse (del trabajo) Familiar y Médica o visita Abogados-Leyes.com para más información legal.
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