Family Medical Leave Act (FMLA)

The Family Medical Leave Act (FMLA) is a law that allows employees to take certain amounts of unpaid job-protected time off work if certain situations arise. If an employee is eligible, he or she may be able to take up to 12 weeks off work within a 12 month period.

Application of the FMLA

Situations where an employee can take leave are as follows:

● The birth or care of a newborn child of the employee;
● The adoption or care of a child by the employee;
● To care for an immediate family member with a serious health condition;
● For the employee to recover from his or her own serious health condition.

Federal law is also continually changing as to the rights of military personnel to leave time because of their military service.

Eligibility for FMLA Leave

An employee is eligible if he or she has been employed by the employer for at least a year and has worked at least 1,250 hours. FMLA applies to employers with 50 or more employees within 75 miles of where the employee works. Recent amendments to the FMLA also allow for military family leave entitlements. It is unlawful for an employer to retaliate against or fire an employee for use of FMLA leave.

Contact our Labor and Employment Law Firm

To set up a consultation, please contact the Law Offices of Kevin J. Dolley at (314)645-4100 or by email at kevin@dolleylaw.com. All legal consultations are held strictly confidential. For experienced legal counsel in labor law, employment law and business law matters, please contact the Law Offices of Kevin J. Dolley.