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Family and Medical Leave Act

The federal Family and Medical Leave Act (the FMLA) guarantees workers job-protected leave for family and medical reasons with continuation of health insurance coverage under the same terms and conditions as if the employee had not taken leave.

Under the law, employees are entitled to 12 weeks of leave in a 12-month period for family and medical reasons such as birth of child, adoption proceedings, to care for the employee’s spouse, child, or parent who has a serious health condition and for an employee's serious health condition that makes the employee unable to perform the essential functions of his or her job.

The FMLA also provides leave for any qualifying exigency arising out of active duty in the military,

The law is limited in its application. In order to be eligible to take leave under the FMLA, an employee must:

(i) work for a covered employer;

(ii) work 1,250 hours during the 12 months prior to the start of leave;

(iii) work at a location where 50 or more employees work at that location or within 75 miles of it; and

(iv) have worked for the employer for 12 months.

There are lots of intricacies involved in application of the FMLA, such as whether non-continuous employment is sufficient, when is intermittent leave protected, the definition of a "serious health condition" and who is a family member.

The law not only guarantees workers job-security while out on family or medical leave, it also protects employees from interference with their rights under the FMLA and also protects employees from retaliation for taking FMLA leave.

Call Charny & Wheeler for a free telephone consultation to discuss your FMLA issues.

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