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U.S. Family and Medical Leave Act: Unpaid Leave

Published: 2011-06-07 - Updated: 2022-03-14
Author: Disabled World - Contact Details
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Synopsis: The Family and Medical Leave Act (FMLA) is a federal law that permits employees to take up to 12 weeks of unpaid leave. To be eligible for FMLA, you must work for a covered employer and have worked for the minimum number of required hours. Not all employers are covered employers. Private employers that employ fewer than 50 workers are not covered employers and their employees are not eligible for FMLA leave. One of the primary benefits of the FMLA is the job protection it offers to an employee who uses the leave. Upon returning to work, the employee must be restored to their original job or an equivalent position. This prevents employers from demoting someone who uses the leave as "punishment."

Main Digest

The Family and Medical Leave Act (FMLA) is a U.S. federal law that permits employees to take up to 12 weeks of unpaid leave.

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As the name suggests, the reason for the leave must be related to family and medical issues. Leave can be taken:

Eligibility:

To be eligible, you must work for a covered employer and have worked for the minimum number of required hours. Not all employers are "covered employers." Private employers that employ fewer than 50 workers are not covered employers and their employees are not eligible for FMLA leave.

Job Protection:

One of the primary benefits of the FMLA is the job protection it offers to an employee who uses the leave.

Upon returning to work, the employee must be restored to their original job or an equivalent position. This prevents employers from demoting someone who uses the leave as "punishment."

Serious Health Condition:

A serious health condition is an illness, injury, impairment, or physical or mental condition that involves: either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a condition that either:

The definition is intentionally somewhat vague, as Congress wanted to ensure broad coverage for employees. This means that the determination of "serious health condition" needs to be done on a case-by-case basis.

How to Use the Leave

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If you feel you have been punished for taking FMLA leave, or if your request was unreasonably denied, speaking with an experienced employment law attorney is a good first step. They can review your facts and help determine if your rights were violated and what can be done to help.

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Cite This Page (APA): Disabled World. (2011, June 7). U.S. Family and Medical Leave Act: Unpaid Leave. Disabled World. Retrieved September 21, 2023 from www.disabled-world.com/disability/employment/fmla.php

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