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Family and Medical Leave Act


The Family and Medical Leave Act allows employees to take up to 12 weeks of unpaid leave from work within a 12-month period. The purpose of the leave can be for a number of reasons, including birth or adoption, the employee’s own health problems, or health problems of a child, spouse, or parent.


After the leave, the employee must be allowed to come back to work, and although they don’t have to be put in the exact same position, they must be put in an equivalent position.


Some small businesses are not covered by the Family and Medical Leave Act, though. The employee must have worked for the employer for at least 12 months, have worked at least 1,250 hours in the last 12 months, and the employer must have at least 50 employees within a 75-mile radius.


How does an employee take their FMLA leave? The employee must provide notice at least 30 days in advance, or “as soon as is practicable” if notice was not possible beforehand, such as an emergency. An employer may have recordkeeping requirements and can have the employee fill out paperwork and provide certification from a doctor within 15 days.


The employee does not have to be paid during the leave. But, the employer must continue to pay for any health insurance.


An employee whose rights under the FMLA are violated is entitled to lost wages, benefits, compensatory damages, and attorney fees.


If you think your rights under the FMLA were violated, contact our office. We accept FMLA cases and provide no-risk case evaluations.