Family and Medical Leave “FMLA”

An employer who employs 50+ employees in a 75-mile radius, for each 1250 hours for twenty (20) or more calendar work weeks in the preceding calendar year, may be required to provide unpaid Family and Medical Leave (“FMLA”) to employees who can demonstrate a “serious health condition”.

FMLA extends for a period of 12-work weeks of unpaid leave.

Conditions requiring FMLA include a birth of a child and the employee’s need to care for a close family member (child, spouse, parent, brother or sister, grandchild, grandparent) who has a serious health condition.

When possible, the employer is entitled to advance notice of the FMLA requested to be taken and when requested, the employee must provide appropriate documentation.

Frequently Asked Questions:

1.         Who is eligible for FMLA?

ANSWER:     Only those employees who have been employed by the employer for 12-months, who have worked 1250 hours during that same 12-month period preceding the leave, and is employed at a worksite where there are 50 or more employees are employed within a 75-mile radius of the worksite are eligible.

2.         What is a serious health condition?

ANSWER:     A serious health condition is any period of incapacity or treatment in connection with inpatient care.  An incapacity resulting in the requirement of an absence from work for more than three (3) calendar days or continued treatment by healthcare professional with multiple visits.

3.         What are the Employers’ Liabilities for Violation of Family and Medical Leave Act (“FMLA”).

ANSWER:     Employers are prohibited from interfering with or retaliating against eligible employees.  If the employer can prove that the adverse employment action was unrelated to the FMLA request, the employer may have a viable defense.

Employees who can prove that the employer has violated FMLA, he/she may recover lost wages and attorneys’ fees.