The Family Medical Leave Act (FMLA) is a complex federal labor law aimed at protecting employees who have to take medical leave in order to care for themselves or a loved one such as a child, sibling or parent. FMLA allows qualified employees of qualified employers to take up to 12 weeks unpaid time off from work during a specified 12 month time period. The 12 weeks may be taken all at once, or as intermittent leave.

There are important things to keep in mind about FMLA. One of them is that FMLA is unpaid leave and an employer is under no legal obligation to pay you while you are leave. However, an employer is required to hold your job for you but an employer can ask you to take vacation and sick time along with FMLA, so you may not have vacation or sick time when you first return to your job.

Another important aspect to keep in mind about FMLA is the qualifications for employers and employees.

In the private sector, if your employer has 50 or more employees including part-time employees within 75 miles of each other, your employer is covered by FMLA. The reason for the number of employees and the distance is simple: the employer is able to absorb the loss of a worker. Small businesses, like a day care center with 12 employees, may not be able to function without hiring a replacement for 12 weeks so you can take your leave. FMLA is intended to let employees take time to attend to family and medical issues while also ensuring a business does not go under as a result.

Public sector employers are covered regardless of employee size.

From the employee perspective, for the employee working for a company that is covered by FMLA, two conditions qualifications must be met:

1. Worked for employer for at least 12 months
2. Worked at least 1250 hours within 12 months prior to taking leave

These are the conditions mandated by FMLA; however, an employer may require more information such as certification from a doctor that FMLA leave is needed. FMLA is limited to serious medical conditions and is not to be substituted for sick days, and an employer may request doctor certification for FMLA leave.

With the complexities and intricacies associated with FMLA, employers are required to have an FMLA policy that complies with the law and sometimes aspects get missed, causing denial of FMLA leave or loss of employment. We are Werman Law have handled FMLA claims, and are well versed in its intricacies and complexities. Let us help you understand your rights under FMLA and pursue your FMLA claim to your satisfaction.