Paid Family Leave or
Family/Medical Leave Rights
Federally, the Family and Medical Leave Act (FMLA) provides unpaid leave for qualifying employees.
FMLA only applies to employers with at least 50 employees. To be eligible, the employee must have worked at the company for at least one year (and at least 1,250 hours).
While some employers may offer an extended paid leave policy, this law does not require them to do so. Under FMLA, leave may be taken for the following purposes:
A serious health condition, as defined by the law, is an illness, injury, or condition involving absence from work; hospital care; treatment for a chronic condition; pregnancy; and related issues.
It’s always a good idea to give your employer advance notice of FMLA leave, and medical certification may be requested. But keep in mind that employees are not required to specify the law under which they are taking leave.
The FMLA also requires employers to restore an employee to his former (or equivalent) job when returning to work.
Often, determining what constitutes a case of violating FMLA rights requires a consultation with an attorney. If you’d like to talk to us about your situation and whether you have a case, fill out our Prospective New Client Form, and contact us for a consultation.
FMLA only applies to employers with at least 50 employees. To be eligible, the employee must have worked at the company for at least one year (and at least 1,250 hours).
While some employers may offer an extended paid leave policy, this law does not require them to do so. Under FMLA, leave may be taken for the following purposes:
- Birth, adoption or placement of a child
- Care for an immediate family member (spouse, minor or incompetent child, parent) with a "serious health condition"
- Care for the employee's own "serious health condition"
A serious health condition, as defined by the law, is an illness, injury, or condition involving absence from work; hospital care; treatment for a chronic condition; pregnancy; and related issues.
It’s always a good idea to give your employer advance notice of FMLA leave, and medical certification may be requested. But keep in mind that employees are not required to specify the law under which they are taking leave.
The FMLA also requires employers to restore an employee to his former (or equivalent) job when returning to work.
Often, determining what constitutes a case of violating FMLA rights requires a consultation with an attorney. If you’d like to talk to us about your situation and whether you have a case, fill out our Prospective New Client Form, and contact us for a consultation.
