Family and Medical Leave

The Family and Medical Leave Act (“FMLA”) provides certain employees with up to 12 weeks of unpaid, job-protected leave every 12 months.  The FMLA applies to public employers and private companies with 50 or more employees.  To be eligible for leave, an employee must have worked for the employer for the past 12 months, have worked at least 1,250 hours over the past 12 months, and work at a location where the company employs 50 or more employees within 75 miles. 

Leave can be taken for the following reasons:

  • For the birth or adoption of a child;
  • To care for an immediate family member (spouse, child, parent) with a serious health condition; or
  • For the employee’s own serious health condition. 

There are separate leave entitlements for military families.

Employees have an obligation to give their employers notice of their need for leave under the FMLA, but employers also have an obligation to provide the required information to employees and they often don’t get that part right. 

Employers can also retaliate against or fail to reinstate employees to an equivalent position after their protected leave ends.  If you’ve got concerns about protected leave, give us a call to discuss your situation.