FAQ’s about The Family and Medical Leave Act

What is FMLA?

FMLA is a federal law, The Family and Medical Leave Act. It provides 12 weeks of unpaid leave each year to eligible employees, while enabling employees to return to their previous position prior to leave.

What is covered by FMLA?

An employee may ask for 12 work weeks of unpaid leave in a 12 month period for:

1. The birth or adoption of a child; or
2. if they or a direct family member has a serious health condition.

An employee’s health condition must be serious enough that he or she is unable to perform the functions of his or her position.  This type of leave my be taken intermittently or through a reduced leave schedule.  If foreseeable, the employer may require a temporary transfer to an alternative position at equal compensation and benefits that may better accommodate the employee’s schedule.

Am I eligible for FMLA?

You are likely eligible, if:

1. You have worked at least 1250 hours in the past 12 months
2. Your work-site employs at least 50 workers in a 75 mile radius.

Does my employer cover FMLA?

If you are employed in an industry affecting commerce, which employs 50 or more others for each workday for 20 or more weeks, your employer should offer FMLA.  This includes individuals acting in the interest of an employer, in addition to public agencies.

In caring for a loved one under the FMLA, what qualifies as a serious health condition?

According to the FMLA, 29 U.S.C.§ 2611(11), the term “serious health condition” means an illness, injury, impairment, or physical or mental condition that involves-

1. Inpatient care in a hospital, hospice, or residential medical care facility; or
2. Continuing treatment by a health care provider.

Have I been subjected to an FMLA Violation?

It’s possible your employer has attempted to interfere with your FMLA leave. If you have experienced the following, you might have your claim reviewed by an attorney:

1. You are eligible for FMLA
2. Employer is an FMLA covered employer
3. You are entitled to take FMLA
4. You gave notice of your intent to take FMLA
5. You were denied a benefit that you would be entitled to under FMLA, fired, or otherwise retaliated against because you gave notice of taking FMLA leave or actually took the leave.

Am I being retaliated against BECAUSE I took FMLA?

The burden of proof is on the employee to prove a claim of retaliation.  To establish such a claim, the following must be shown:

1. The employee is engaged in statutorily protected conduct, i.e, asked for or took FMLA leave;
2. The employee suffered an adverse employment action, e.g., firing, demotion; and
3. There is a casual connection between the above claims.

If the employee makes showing of the above points for a retaliation claim, the employer must provide a legitimate lawful reasoning for the adverse employment action.  If it is determined that FMLA was a substantial factor in termination of the employee, the employer must show that it would have likely terminated the employee, regardless of request for FMLA. A request for FMLA does not protect an employee from violations of company absence policies.

“Generally, a close temporal proximity between the employee’s protected conduct and the adverse employment action is sufficient circumstantial evidence to create a genuine issue of material fact of a casual connection.”