Question: What is the Family Medical Leave Act (FMLA)?
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Question: What is the Family Medical Leave Act (FMLA)?

Feb 26, 2013 | Employment Law, Family Medical Leave Act

Answer: The Family Medical Leave Act (FMLA), 29 C.F.R. Part 825, is a federal law that provides covered employees with job protection for up to 12 weeks per year during times of serious illness, caring for a seriously ill family member, or for childbirth, adoption or foster parenting.

In order to be eligible for FMLA, the following conditions must be met:

  • You are employed at a business that has 50 or more employees within a 75 mile radius of your worksite; and
  • You have worked for that employer for at least 12 months (or 1,250 hours within a 12 month period).

FMLA protections include not only the right to unpaid job protection for up to 12 weeks (consecutive or not), but also for continuation of regular health insurance benefits and other employee benefits, restoration to the employee’s prior position at the end of FMLA leave, and protection from retaliation by their employer.

For more information regarding FMLA, review the following: http://www.dol.gov/dol/topic/benefits-leave/fmla.htm

We have significant experience representing clients seeking disability benefits. For more information and how you may be impacted, contact one of our Disability Benefits attorneys, Elliott Andalman and  Peter Casciano.