
Family Law and General Litigation |
Family Medical Leave Act (FMLA)
The US Congress passed the Family Medical Leave Act in 1993. It is a remarkable statute and provides a lengthy amount of time off to certain protected employees. An eligible employee is entitled to a total of 12 workweeks of leave during any 12-month period for one or more of the following:
- Because of the birth of a son or daughter of the employee and in order to care for such son or daughter.
- Because of the placement of a son or daughter with the employee for adoption or foster care.
- In order to care for the spouse, or a son, daughter, or parent, of the employee, if such spouse, son, daughter, or parent has a serious health condition.
- Because of a serious health condition that makes the employee unable to perform the functions of the position of such employee.
The term "eligible employee" means an employee who has been employed-
- for at least 12 months by the employer with respect to whom leave is requested under section 102; and
- for at least 1,250 hours of service with such employer during the previous 12-month period.
The employer must employ 50 or more employees within a 75 mile radius of the worksite.
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