| Family Medical Leave Act (FMLA) |
Under FMLA, covered employers* must grant an eligible employee** up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons:
- To care for an immediate family member (spouse, child, or parent) with a serious health condition;
- To take medical leave when the employee is unable to work because of a serious health condition;
- For the birth and care of the newborn child of the employee; or
- For placement with the employee of a son or daughter for adoption or foster care.
*An employer covered by FMLA is any person engaged in commerce or in any industry or activity
affecting commerce, who employs 50 or more employees for each working day during each of 20 or
more calendar workweeks in the current or preceding calendar year. Employers covered by FMLA also include any person acting, directly or indirectly, in the interest of a covered employer to any of the employees of the employer, any successor in interest of a covered employer, and any public agency. Public agencies are covered employers without regard to the number of employees employed. Public as well as private elementary and secondary schools are also covered employers without regard to the number of employees employed.
**An “eligible employee” is an employee of a covered employer who:
(1) Has been employed by the employer for at least 12 months, and
(2) Has been employed for at least 1,250 hours of service during the 12-month period immediately
preceding the commencement of the leave, and
(3) Is employed at a worksite where 50 or more employees are employed by the employer within
75 miles of that worksite.
Contact us for a free consultation if you believe your rights have been violated.
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