Am I Entitled to FMLA Leave?

The Family and Medical Leave Act (FMLA) is a federal law that requires certain employers to provide to eligible employees up to 12 weeks of unpaid leave per year and to maintain the employee’s health benefits during the leave. FMLA applies to all employers with 50 or more employees.  Such employers must provide a FMLA eligible employee with up to 12 weeks of unpaid leave each year for:

    • the birth of a child and the care of the newborn child within one year of birth;
    • the placement with the employee of a child for adoption or foster care and the care of the newly placed child within one year of placement;
    • the care of the employee’s spouse, child, or parent who has a serious health condition;
    • a serious health condition that makes the employee unable to perform the essential functions of his or her job; or
    • any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty”

Under the FMLA, employers must also provide 26 workweeks of leave during a single 12-month period for the care of a covered service member with a serious injury or illness if the eligible employee is the service member’s spouse, son, daughter, parent, or next of kin (military caregiver leave).

An employee is only eligible for FMLA leave if they have worked for their employer at least 12 months and at least 1,250 hours over the past 12 months.

For more information, see:  http://www.dol.gov/whd/fmla/.

Employers often interfere with an employee’s right to take leave or retaliate against the employee for taking leave. If you feel that you are not getting the leave you are entitled to under the FMLA, please contact a FMLA attorney at our firm for a free initial consultation