Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act, referred to simply as the “FMLA” is a law that requires certain employers to provide employees that qualify with job protection and unpaid leave for certain reasons, generally health and family related. An employer can legally require an employee seeking FMLA benefits to exhaust any paid leave that he has accumulated before using unpaid leave.

Situations that are covered include:

  • Personal illness
  • Illness of a family member
  • Military leave
  • Leave associated with the birth or adoption of a child.

FMLA Leave provides for up to 12 weeks leave during any 12 month period for any of the above situations. To be eligible, an employee must have worked for at least 12 months for a company that employs at least 50 people within a 75-mile radius.

An employer may not terminate or otherwise discriminate against an employee who has sought or received benefits under the FMLA.