What is FMLA Leave?

Travis Thickstun, JD

FMLA stands for the Family and Medical Leave Act of 1993. Under the FMLA, eligible employees can take up to 12 weeks of unpaid, job-protected leave, in a 12-month period. This leave must be for qualifying family or medical reasons. Your employer is required to maintain your health insurance during your leave.

To take FMLA leave, you must be an “eligible” employee, and your employer must be “covered.”

An eligible employee must have worked for their covered employer for at least 12 months and must have accumulated at least 1,250 work hours during those 12 months. The employee must work at a worksite that employs at least 50 people within 75 miles of that worksite.

A covered employer can be a public agency, a public or private elementary or secondary school, or a private sector employer. Public agencies and public and private elementary and secondary schools are covered employers under the FMLA, regardless of the number of employees. However, a private sector employer must employ at least 50 employees to be a covered employer.

Qualifying reasons to take FMLA include:

• Birth, adoption, or foster care placement of a child

• Serious health conditions affecting the employee

• Serious health conditions affecting the employee’s spouse, child, or parent

When taking FMLA leave, you will need to notify your employer as soon as you can. You will likely receive FMLA forms from your employer, which you will need to fill out and return by your employer’s deadline.

Note that your employer cannot retaliate against you for taking FMLA leave, so long as you are eligible and the employer is covered by the FMLA.

The FMLA is a federal law that sets a minimum standard across all states. However, some states have chosen to pass their own leave laws to give additional protections to employees.

Thickstun Luo LLC may be able to help you pursue a legal claim if your employer has denied your FMLA leave or retaliated against you for taking FMLA leave. Contact us today for a consultation.

LEGALESE is an online blog by Thickstun Luo LLC. The blog explains legal terms and concepts in plain English.

Disclaimer: The LEGALESE blog and the posts therein do not form an attorney-client relationship between you and Thickstun Luo LLC. Furthermore, this blog is not intended to render legal advice regarding your specific situation. You should consult an attorney for specific legal advice. Some content in LEGALESE blog posts pertain to state-specific legal rules and concepts that may not be applicable in every jurisdiction.