The Family and Medical Leave Act

Before the Family and Medical Leave Act (FMLA) was passed in 1993, employees didn’t have the legal right to take job-protected time off to care for a gravely ill loved one or a newborn baby. Employees were also in a difficult position if they had a serious illness that required extensive time off work. This federal law provides important legal protections to eligible employees. All workers and employers should be familiar with its requirements. If labor law violations occur, an attorney can provide effective legal advocacy services.

Employee Eligibility

The law does not extend unpaid leave protections to all employees. To be eligible, an employee must have worked for the current employer for at least 12 consecutive months. During the 12 months immediately prior to the leave, the employee must have logged at least 1,250 hours. This is equivalent to about a 25-hour work week. Additionally, employees are only eligible if they work for a company that has a minimum of 50 employees who work at jobsites within a 75-mile radius. The total number of employees includes full-time and part-time workers, and those who are out on leave. Remote employees who work beyond the 75-mile radius do not count toward this total.

Leave Availability

When an employee is eligible for leave under the FMLA, that period is unpaid. However, the employee is entitled to the same job security that he or she would ordinarily have. Health insurance coverage must continue during the leave. Within a 12-month time period, employees may take 12 weeks of FMLA leave for the following:

  • Childbirth
  • Newborn baby care
  • Adoption and foster care (new placements)
  • Self-care for a serious health condition
  • Family care for a seriously ill spouse, child, or parent

After it was passed, the law was updated to include protections for military families. A lawyer can provide further clarification on military caregiver rights.

For counseling on labor laws applicable to Concord, CA and the surrounding areas, you can turn to The Law Offices of Jon Webster. Our legal services extend to both employers and employees who feel their rights have been violated. Call (925) 609-7600 to request an initial case review.

Categories: Family Law, Medical Law

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