Family and Medical Leave Act (FMLA)
The Family & Medical Leave Act (FMLA) provides employees with certain protections when they take medical leave for themselves or medical leave to care for a family member. The FMLA allows qualified employees of qualified employers to take up to 12 weeks of time off from work during a specified 12-month period. This time may be taken all at once or taken as intermittent leave.

It is important to note that FMLA leave is unpaid leave. The law does not require an employer to pay you while you are off work, merely that the employer hold open your job for you. However, an employer may require you to use vacation time or sick time concurrently with FMLA leave. This means that although you are entitled to have your job back when you return from FMLA leave, you may have used your vacation and sick time.

Qualified Employers
The FMLA applies to companies that have more than 50 employees within 75 miles of each other. If you are working for a company that has less than 50 employees, you are not entitled to FMLA leave.

Qualified Employees
Just because your employer is large enough does not alone mean that you qualify for FMLA leave. Family and Medical Leave must first be earned. The employee must have worked for the employer for at least 12 months and must have worked at least 1250 hours within the prior 12 months prior to taking the leave.

Furthermore, Family and Medical Leave Act leave is limited to serious medical conditions. It cannot be taken as normal sick days. As a result, an employer can (and usually will) require an employee to provide a certification from a doctor stating that medical leave is needed.

Intermittent Leave
An employee who suffers from a chronic condition may take intermittent leave a day here or there as necessary because of a flare-up of the condition. In these circumstances the leave may have to be requested upon the employee's return. The employer may also require medical certification.

The Family and Medical Leave Act is a very complex law. Employers are required to have an FMLA policy that complies with the law.

We have handled FMLA claims and can help you to understand your rights under the Family and Medical Leave Act. If you are being denied FMLA leave, call us; we may be able to help. If you are fired for having taken approved FMLA leave, or fired while on leave or immediately upon your return, we can help you pursue your claims. Call us today at 215-517-6651 or contact us online to discuss your legal options.