Los Angeles Employment Lawyer

The Family and Medical Leave Act

The Family and Medical Leave Act (FMLA) was enacted in 1993 in an effort to help American workers handle the often competing demands of work and family. It attempts to provide a measure of job protection to employees who are obligated to sacrifice work time to care for personal, medical, and/or family-related issues.

Provisions of the FMLA

The FMLA protects the rights of employees who take long or intermittent leave from work because of certain family or personal needs. In any 12-month period, a qualifying worker may claim up to 12 weeks of leave. Under the FMLA, employers must allow employees who are eligible for such leave to be restored to their original position (including salary, benefits, and responsibilities) once the leave is concluded. Valid reasons for claiming FMLA leave include:

• Birth or care of employee’s child
• Adoption / foster care of a child by the employee
• Care of family member with a serious health condition
• Recuperation for employee’s own serious health condition

Who is Covered?

The FMLA applies to all private employers who engage in commerce and who have at least 50 employees. It also covers government employers (at both the federal and state levels) and educational institutions.

Employees must also meet certain requirements to be eligible for FMLA leave. In particular, they must have worked at least 12 months total for their current employer (at the time of the leave), and must have worked a minimum of 1250 hours during the year preceding the leave date.

For more information regarding the protections extended to you by the Family and Medical Leave Act, contact Los Angeles lawyer Perry Smith at 888-356-2529.