The Family and Medical Leave Act of 1993 ("FMLA") is a federal statute that provides protection for employees who require leave for certain family or medical situations. Under the FMLA, an employee is entitled to up to 12 weeks of unpaid leave. During leave, the employer must hold the employee's job, and the employer cannot retaliate against the employee for requesting or taking FMLA leave. Employers must restore an employee returning from FMLA leave to their same or an equivalent position.
Private employers with 50 or more employees are "covered employers" under the FMLA. For the employee to be eligible for protection of the FMLA, the subject employee must work at a job site for an employer that employs 50 or more employees within a 75-mile radius from that employee's work site. The employee must have worked for the employer at least 12 months and at least 1,250 hours in the previous 12-month period.
Under the FMLA, employers must provide eligible employees up to 12 weeks of unpaid leave per 12-month period for the following conditions:
- Because of the birth of a child or care for a child
- Because of the placement of a child with the employee for adoption/foster care
- To care for an immediate family member with a serious health condition
- Because a serious health condition makes the employee unable to perform the functions of his or her position.
The FMLA allows employees to take leave intermittently or on a reduced schedule for particular kinds of treatment or health conditions (i.e. medically necessary medical treatments, chronic serious health conditions).
The lawyers within the Employment Law Group at Hall Ansley have experience in litigating FMLA cases. With more than 150 years of combined legal experience, we have the experience and knowledge necessary to successfully assist with handling each unique situation.
In these cases, we don't collect a fee unless our client is successful. Contact us today. There is no fee for the call or the consultation.