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Family Medical Leave Act / "FMLA"

The federal Family and Medical leave Act, "FMLA”, allows covered employees of qualified employers to take up to 12 weeks of time off from work during a specified 12 month period. An eligible employee can take this time off all at once, or can take the time off intermittently. FMLA leave is unpaid leave. In other words the employer is not required to pay the employee while off work. However, the employer is required to return the employee to his/her job at the conclusion of the employee’s FMLA leave. The employer may require the employee to use all vacation time or sick time concurrently with FMLA leave.

Covered Employers:

The FMLA applies to any private employer, who has 50 or more employees within a seventy- five (75) mile radius during at least 20 calendar weeks of the current or preceding calendar year. The law covers all public agencies (state and local governments) and local education agencies (schools, whether public or private). These employers do not need to meet the "50 employee" test. Most federal employees are also covered under Title II of the FMLA

Qualified Employees:

To be an eligible employee under FMLA, an individual must (1) be employed by a covered employer and work at a worksite within 75 miles of a place where that employer employs at least 50 people; (2) have worked at least 12 months (which do not have to be consecutive) for the employer; and (3) have worked at least 1,250 hours during the 12 months immediately before the date FMLA leave begins.

Employee Rights:

The FMLA provides that eligible employees of covered employers must be allowed to take up to 12 weeks of job-protected leave in any 12-month period for a “serious medical condition of the employee, the employee’s spouse, child or parent without interference, restraint or retaliation from their employers. Additionally, the FMLA gives employees a private right of action for FMLA violations. Miller & Falkner understands the rights of employees under the Family Medical Leave Act. If you feel that your rights under the FMLA have been violated contact our firm immediately. We may be able to help.