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The Family and Medical Leave Act (FMLA) provides certain employees with up to 12 weeks of unpaid, job-protected leave per year. It also requires that their group health benefits be maintained during the leave.
To be eligible for family medical leave employees must have:Have worked at least 1,250 hours in the 12-month period immediately preceding the need for family-medical leave. Have not exhausted their allotment of family-medical leave in the applicable time period.
Under FMLA, employers cannot use the taking of qualified leave, such as for the birth of a child or a serious health condition, as a negative factor in any employment actions, including promotion, discipline, layoff, or termination.
When am I eligible for time off under the FMLA? You must have worked for your employer for at least 12 months and you must have worked for at least 1,250 hours during the last year. The employer must have at least 50 or more employees within 75 miles of where you work.
The Family and Medical Leave Act (FMLA) provides certain employees with up to 12 weeks of unpaid, job-protected leave per year. It also requires that their group health benefits be maintained during the leave.
The FMLA only requires unpaid leave. However, the law permits an employee to elect, or the employer to require the employee, to use accrued paid vacation leave, paid sick or family leave for some or all of the FMLA leave period.
Unless the employee is covered under the FMLA or ADA, generally state law does not prohibit termination for an excessive absence.
Employers cannot hold an employee accountable for work that was not completed during an FMLA leave, and employees cannot be disciplined, terminated, or otherwise retaliated against in any way for requesting or taking a leave.