Family and Medical Leave Act (FMLA)
If your employer wrongfully denied your leave request, ended your benefits, or wrongfully terminated your employment in the case of serious family matter or medical condition, our office is here to stand up for your rights.
The FMLA applies to any public or private employer with 50 or more employees, as well as to all public agencies, and public and private elementary and secondary schools, regardless of number of employees. A covered employer must post a notice in the workplace concerning the FMLA and how employees may qualify under its provisions.
To be eligible, an employee has to have worked at least 1250 hours within the last 12 months; has to have worked at least 12 months total time for the employer; and be employed at a facility at which at least 50 employees are employed within a 75-mile radius.
The reason for the absence must be the serious health condition of the employee or of a member of the employee's immediate family; the birth or adoption of a child or the placement of a foster child in the home; or "any qualifying exigency" (which generally means an urgent or emergency situation) associated with the employee's spouse, child, or parent being on active military duty, or having been notified of an impending order to active duty, in support of a contingency operation. The FMLA also covers employees requiring time off from work due to serious illness or health reasons, mandating that health benefits must be maintained during the leave.
The employer must make up to 12 weeks of paid and/or unpaid leave during a year available to such an employee. The leave can be all at once or intermittent, even 2 or 3 hours at a time, but intermittent leave all goes toward the 12-week limit.