Quick Facts about the Family and Medical Leave Act (FMLA)by James A. Walcheske (Walcheske & Luzi, LLC)
Although we discuss the Family & Medical Leave Act on our website, we thought we would provide a second source of quick facts on the FMLA and provide links to some quick and easy-to-understand resources for anyone looking for more FMLA information.
Which Companies are Covered by the FMLA?
For the FMLA to apply to an employer, the company must be a covered employer. This means that the company has to employ 50 or more employees in 20 or more workweeks for the Family & Medical Leave Act to apply.
If the company has 49 or less employees, the FMLA does not apply. Although, it is common for employers that are not covered by the FMLA to offer sick or medical leave to their employees for set periods of time. The drawback is that such policy-created leaves are not job protected.
Which Employees are Covered by the FMLA?
To qualify as an “eligible employee,” and therefore be entitled to FMLA leave, the employee must:
- Work for a covered employer (50+ employees in 20+ workweeks)
- Worked for the employer for a total of 12 months (this does not have to be consecutive)
- Worked at least 1,250 hours over the previous 12 months (you are fine if you have worked at least 25 hours per week)
- Worked at a location in the U.S. or any territory or possession of the U.S. where at least 50 employees are employed by the employer within 75 miles
What is an Eligible Employee Entitled to Under the FMLA?
Under the FMLA, a covered employer must grant an eligible employee up to a total of 12 workweeks of unpaid leave during a 12-month period for any of the following reasons:
- The employee’s own serious medical condition
- To care for a spouse, child, or parent with a serious medication condition
- For the birth and care of a newborn child
- For placement of a child for adoption or foster care with the employee
- For qualifying exigencies arising out of the fact that the employee’s spouse, child, or parent is on active duty or call to active duty status as a member of the National Guard or Reserves in support of a contingency operation
Additional FMLA Resources
For more information regarding FMLA, please check out the additional FMLA section on our website: http://www.walcheskeluzi.com/employment-practice-areas/fmla-lawyers-wi/
The Department of Labor (DOL) has a smorgasbord of information relating to theFamily & Medical Leave Act many in the form of fact sheets.
*Important Note: If you are an employee and you believe that your FMLA rights have been violated you have 2 years from the date of the violation to take action. Filing a complaint with the Department of Labor is not a perquisite to filing in federal court and does not toll the statute of limitations for your claim (the timeframe you have to file an FMLA complaint against the employer).