What is the Family and Medical Leave Act (FMLA)?
The federal Family and Medical leave Act, “FMLA” 29 U.S.C. Section 2601 et.seq. provides covered employees with the right to an unpaid leave of absence for up to 12 weeks within a 12 months period, in order to address family and medical responsibilities.
Under what circumstances can a Family and Medical Leave Act (FMLA) leave of absence be taken?
It can be taken for your own “serious health condition” or that of your child, parent or spouse, to allow you to take care of that family member. Also, you can take it in connection with the birth, adoption or foster care placement of your child.
Are all employees covered by the Family and Medical Leave Act (FMLA)?
No, only those employees who are employed by employers who regularly employ 50 or more employees.
How long do you have to work for your employer before you are eligible to take a Family and Medical Leave Act (FMLA) leave?
In order to be eligible to take an Family and Medical Leave Act (FMLA) leave, an employee must have been employed by a “covered employer” for at least 12 months, and he must have worked at least 1250 hours for that employer, during the preceding 12 month period.
Are employees entitled to be paid for their time off on a Family and Medical Leave Act (FMLA) leave?
No, employees are not entitled to compensation while they are off on their Family and Medical Leave Act (FMLA) leave.
Is the employer obligated to hold the employee’s job open for them, hile they are on a Family and Medical Leave Act (FMLA) leave?
Yes, an employer may not legally terminate an employee while they are off on a Family and Medical Leave Act (FMLA) leave. Upon the employees return to work, the employer is obligated to reinstate them to their prior position of employment, but if that job is no longer available, then the employer must offer the employee comparable employment.
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