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Family Medical Leave Act
The Family
and Medical Leave Act (FMLA) entitles qualified employees to
up to 12 weeks of unpaid leave per year for the birth or adoption
of a child, the care of an immediate family member with a serious
health condition, or for his/her recovery from a serious health
condition. Covered employers are required to maintain an employee's
health coverage during a qualified FMLA leave and to reinstate
the employee to the same or equivalent job once the leave is
concluded. Companies required to comply with the FMLA are those
employing 50 or more employees for each workday during each
of 20 or more calendar work weeks in the current or preceding
calendar year.
While the FMLA requirements appear to be straightforward, it
is complex in its practical application and in its compliance:
- What are the FMLA requirements regarding the
birth or placement of new children?
- What is a "serious health condition?"
- What are the employer's rights when an employee
requests leave for his/her own serious health condition?
- What is an "equivalent position?"
- What are an employer's obligations to provide
information to all employees concerning their rights under
FMLA?
- Is the employer required to grant the "up to
12 weeks" intermittently?
Our attorneys are experienced in providing a wide range of legal
services, including preventive consulting, training and legal
representation to help companies understand and manage the complex
requirements of the FMLA. We also defend corporate clients against
administrative claims and lawsuits.
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