FMLA Facts

     Almost on a daily basis, I am confronted by an employee who asks me whether they would qualify for leave under the Family and Medical Leave Act (FMLA).  So what exactly is FMLA?  Here are some easy and quick facts to help you determine whether you qualify for FMLA.

     FMLA requires covered employers to allow eligible employees to take up to 12 weeks of unpaid leave per 12-month period for the arrival of a new child through birth, adoption, or foster care, to care for a family member who is suffering from a serious health condition, or to deal with the employee's own serious health condition.  Employees are entitled to continue their health benefits while on leave.  Once their leave is over, employees are entitled to reinstatement.

So who exactly is a regulated employer?  Regulated employers include:

• private employers with 50 or more employees
• the federal government
• state and local governments, and
• public and private elementary schools and secondary schools.

Who is considered a covered worker?  To be eligible for FMLA, an employee must:

• have worked for a covered employer for at least 12 months (these months do not have to be consecutive.  However, the employer does not have to count time worked prior to a break in service of 7 years or more in most cases.)
• have worked at least 1,250 hours for the employer in the past 12 months immediately preceding the leave, and
• work at a location with 50 or more employees within a 75 mile radius.

What's prohibited?

• Employers may not prevent employees from exercising their FMLA rights, nor may they discriminate or retaliate against employees for exercising their FMLA rights.  Employers cannot fire or otherwise retaliate against employees for taking or requesting FMLA leave.
• Employers also may not interfere with court proceedings or investigations pertaining to the FMLA.

To learn more about FMLA, please visit the Department of Labor's website.

If your rights under Family and Medical Leave Act are being interfered with by your employer, please contact Ambuter Law for your free case evaluation.