The Case Law Firm

Family Medical Leave Act (FMLA)
Employee Rights under the Family Medical Leave Act (FMLA):

The Family and Medical Leave Act (FMLA) is designed to help employees balance their work and family responsibilities by allowing them to take reasonable unpaid leave for certain family and medical reasons.

The FMLA provides “eligible” employees with up to 12 weeks of unpaid, job-protected leave per year. It also requires that their group health benefits be maintained during the leave.

An “eligible” employee is an employee who has been employed by the employer for at least 12 months and worked at least 1,250 hours. The 12 months do not need to be consecutive.

FMLA applies to all public agencies, all public and private elementary and secondary schools, and companies with 50 or more employees within a 75 mile radius. These employers must provide an eligible employee with up to 12 weeks of unpaid leave each year for any of the following reasons:
  
  •   for the birth and care of the newborn child of an employee;
  •   for placement with the employee of a child for adoption or foster care;
  •   to care for an immediate family member (spouse, child, or parent) with a serious health condition; or
  •   to take medical leave when the employee is unable to work because of a serious health condition.