Family and Medical Leave AcT

The FMLA requires covered employers to provide up to 12 weeks of unpaid leave to eligible employees for several family or medical reasons.   Employee eligibility requires the employee to have worked for at least one year, and 1,250 hours over the previous 12-month period.   Further, for the FMLA to apply, the employer must employ at least 50 employees within a 75-mile radius.

The FMLA requires that unpaid leave be granted to all eligible employees for any of the following reasons:

1. To care for the employee’s child after birth;
2. Placement of the employee’s child after birth for adoption or foster care;
3. To care for the employee’s spouse, son, daughter or parent who has a serious health condition; or
4. For a serious health condition that makes the employee unable to perform his or her job.

Generally, where the leave is foreseeable, employees are required to provide 30 days advance notice.  If the notice requirement is not satisfied, the medical leave may be denied.  The eligible employee may be required to provide advance notice, as well as medical certification of his or her condition.  The employer may also require a second or third opinion, along with a fitness for duty for return to work; however, these additional opinions are at the employer’s expense.

The FMLA requires the employer to maintain the employee’s health coverage under any “group health plan.”  Upon the employee’s return from a FMLA leave, most employees must be returned to their original or equivalent positions.  An equivalent position is determined by the employee’s pay scale and benefits at the time the FMLA leave was taken.  An employee’s utilization of the FMLA leave cannot result in the loss of employment benefits that employee had prior to the start of the FMLA leave.

Employers may not interfere with, restrain or deny the exercise of any FMLA right, nor may they discharge or discriminate against employees who oppose unlawful practices under the FMLA or who are involved in any proceeding under or relating to the FMLA.

Family and Medical Leave Act