Under the Family and Medical Leave Act (FMLA), covered employees must grant an eligible employee up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons:
- for the birth and care of the newborn child of the employee;
- for placement with the employee of a son or daughter 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.
The FMLA does not require an employer to provide paid leave but many employers allow employees to take vacation time or sick leave concurrently with FMLA leave. The FMLA protects the employee’s job when he or she returns from FMLA leave.
The FMLA only applies to companies that have more than 50 employees within a 75 mile radius of each other. In order to be eligible for the FMLA, you must have worked for the employer for at least 12 months and must have worked at least 1250 hours within the prior 12 months prior to taking the leave.
Stember Feinstein Doyle & Payne, LLC’s attorneys are well-versed in advising employees about their rights under the FMLA and have been involved in court cases involving the FMLA.
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