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FAMILY MEDICAL LEAVE ACT (FMLA)

The Family Medical Leave Act is a federal law passed in 1993 that allows eligible workers to take up to 12 weeks of unpaid leave for a serious illness of the employee, spouse, child or parent; the birth or adoption of a child; and military-related emergencies. 

What benefits are covered by the fmla?

The following are examples of some of the benefits covered by the FMLA: 

  • 12 weeks of unpaid leave
  • reinstatement to the same or equivalent job 
  • maintenance of group health benefits
  • intermittent or lump sum leave (with proper notice)
  • absences related to childcare for a military servicemember
  • short-notice deployment 
  • absences related to legal proceedings for a military servicemember

Who is covered under the law?

The FMLA covers most private sector employees who work for a company with 50 or more employees so long as the employee has worked for the company for at least one year (or the hourly equivalent). The FMLA also covers public sector employees and local agencies (with some exceptions). However, the FMLA has special rules for workers who are considered to be "key employees." 


An experienced employment attorney can explain the ins and outs of this law. In many cases, liability can be statutory (meaning not ill-intent must be proven) and damages can escalate quickly. 

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