Family and Medical Leave Act

The Family and Medical Leave Act ("FMLA") allows employees to take unpaid leave for specified serious family health matters. Not all employees are covered by this Act, however. For this to apply, the employer must have at least 50 employees and the employee must have worked for the company at least 12 months and 1,250 hours in the preceding months. The protections recognized by the law are for up to 12 weeks of unpaid leave for various reasons such as for:
  • One's own serious health condition
  • Caring for the birth or adoption/placement process of a child
  • Caring for a child, spouse, or parent with a serious health condition
The law provides for restoration of the same position upon return to work, unless the position is unavailable. If that is the case, the employer must provide a similar position that is substantially equal in pay, benefits, and responsibility. The employee's benefits are also protected while on leave and after returning to work. Employers must not retaliate for any employee exercising right under the FMLA.