Blog Layout

FMLA Facts

accident injuryIt is important for employers to understand whether or not they are bound by the Family and Medical Leave Act (FMLA) and what the law provides. The FMLA allows eligible employees of covered employers to take unpaid leave from their job for specified family and medical reasons. The law also protects the employee on FMLA leave to return to their job. The U.S. Department of Labor’s website provides as follows:

What is a “covered employer?”

The FMLA only applies to certain employers. The criteria of a covered employer include:

  • Private employers with 50 or more employees,
  • Public agencies at the local, state or Federal level, regardless of the number of employees, or
  • Public or private elementary or secondary schools, regardless of the number of employees.

Who are “eligible employees?”

An employee must be an eligible employee before he or she is entitled to take FMLA leave. An eligible employee works for an employer covered by the FMLA, has worked for that employer for a minimum of 12 months, and has served at least 1,250 hours for the employer during the 12 month period immediately preceding the leave, and works at a location where the employer as a minimum of 50 employees within 75 miles.

It is important to understand that the required 12 months of employment do not have to be consecutive. In most cases, any time previously served for the same employer can be included in meeting the 12-month requirement.

When is an eligible employee entitled to FMLA leave?

The FMLA allows an eligible employee to take up to 12 work weeks of leave in a 12-month period for a variety of reasons, including:

  • The birth of the employee’s child or placement of a child with the employee for adoption or foster care
  • To care for the employee’s spouse, child, or parent who has a serious illness or injury
  • For a severe health condition that makes it impossible for the employee to adequately perform the necessary functions of his or her job
  • For a qualifying emergency or necessity that arises out of the fact that the employee’s spouse, child, or parent is a military member on active duty or call to covered active duty status.

If you have questions regarding the FMLA or any other employment law matter, contact the knowledgeable lawyers at The Swenson Law Firm to schedule an appointment.

Share by: