Family Medical Leave Act (FMLA) – Jacksonville Lawyers
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In order to be protected by the Family and Medical Leave Act (FMLA) of 1993, the employee must have worked for the company for at least one year, must have worked at least 1250 hours in the year immediately preceding the request for leave, and the employer must employ 50 or more employees within a 75 mile radius. The FMLA applies to serious health conditions, regardless of whether the employee is considered to have a “disability” under the Americans With Disabilities Act (ADA). Furthermore, employees who care for loved ones or family members with a health condition may be protected as well. The FMLA also applies to pregnancy, maternity leave, child birth, foster care and adoption.
Those eligible for FMLA leave may take a total of 12 weeks of unpaid leave with continued benefits. When appropriate, eligible employees may take reduced or intermittent leave, and the 12 weeks does not have to be consecutive. If the employee is able to return to work before exceeding a cumulative total of 12 weeks in one year, then the employer must reinstate that employee to the same or substantially similar position. Employers may not retaliate against employees who assert their FMLA rights. The question of whether an employer has unlawfully interfered with these rights or retaliated against an employee will depend on the exact factual circumstances of each case. Employees who believe they may have an FMLA related claim should consult with counsel.