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What is the Family and Medical Leave Act?

Employees sometimes need to take time off to handle their own healthcare needs or certain matters related to their immediate family members. It’s not always possible for them to limit the time they need just to what’s available using sick leave or vacation time. Instead, some employees will need to take leave under the Family and Medical Leave Act (FMLA).

People who work for an employer who employs at least 50 workers in a 75-mile radius qualify for this leave if they’ve worked for that employer for at least 12 months and have logged at least 1,250 hours in the previous 12 months. They must also have a qualifying situation. 

What circumstances may lead to FMLA leave?

Employees can take time off work for a medical issue of their own or one that’s affecting their children, spouse or parents. They can also take time off for childbirth, foster care placement or an adoption. There are also special considerations for situations that apply to active duty military members. 

What does FMLA leave entail?

A person who takes leave under FMLA can have up to 12 weeks of unpaid leave in a 12-month period for a covered situation. That increases to 26 weeks per year for specific situations involving military members. 

While the leave is unpaid, the FMLA requires the employer to return the employee to their previous job position or a comparable one on their return. There are also special provisions for certain benefits, such as healthcare coverage, during the time on leave.

There are times when FMLA leave may become an area of contention between the employee and employer. Having someone on their side may be beneficial for those employees.