Family Medical Leave Act (“FMLA”)
The FMLA is a federal law that requires employers to provide eligible employees with a leave of absence for certain medical or family reasons.
Am I Eligible For FMLA Leave?
The FMLA does not apply to all employees. In order to be eligible for FMLA leave, an employee must meet each of the following requirements:
- The employee has worked at least one year;
- The employee has worked at least 1,250 hours in the past 12 months; and
- The employer has at least 50 employees within a 75-mile radius of where the employee requesting leave works
An employer is required to allow an eligible employee to take FMLA leave for any of the following:
- The birth or adoption of a child;
- The employee’s own serious health condition; or
- The need to care for a spouse, child or parent that is suffering from a serious health condition
How Much Leave Am I Allowed to Take?
If you are eligible, you may take up to 12 weeks of leave over a 12-month period. FMLA leave may be taken on a continuous or intermittent basis.
Do I Get Paid While on FMLA Leave?
FMLA leave is unpaid. However, if you are entitled to paid vacation time, paid time off (“PTO”), or some other form of paid leave, you may get paid during your FMLA leave. FMLA leave runs concurrently with any other forms of paid leave.
Experienced Attorney Protects Employees’ FMLA Rights
It is unlawful for an employer to interfere with, restrain or deny an eligible employee’s FMLA right. It is also unlawful for an employer to retaliate against an employee by subjecting him or her to a negative employment action because of their request for or use of FMLA leave.
If your employer has interfered with your FMLA leave or retaliated against you for taking FMLA leave, the Law Office of Jonathan W. Chase will assert your rights under the law to seek all available remedies. Call my Philadelphia office at 215-967-1544 or contact me via email to schedule a free consultation.