The Family Medical Leave Act

The Family and Medical Leave Act (FMLA), is a federal law that requires certain employers to provide 12 weeks of unpaid leave to employees while still protecting their job for their return. There are certain requirements that must be met by both employers and employees to qualify. However, if you do qualify, this can be an important legal tool for use if you need to leave work for any family matter that qualifies.                                                                       

 

Understanding the Family Medical Leave Act

Many people think that the Family Medical Leave Act only allows a woman to take 12 weeks of leave after the birth of the child or the legal adoption of a child. However, the Family Medical Leave Act actually allows any employees under certain circumstances to take unpaid leave for a substantial period of time for family or medical reasons.

Employer Requirements

The Family Medical Leave Act applies to all companies that have 50 or more employees, as well as any private or public schools and public agencies. Under the Family Medical Leave Act, all employers meeting these criteria must allow an eligible employee to take 12 weeks of unpaid leave every year under certain specific conditions.

Employee Requirements

An employee must meet certain requirements in order to have eligibility to take unpaid leave under the Family Medical Leave Act. Some of these include the birth of a child or the adoption of a child. Other circumstances would include an employee needing to take care of an immediate family member with severe health conditions. Finally, an employee may take unpaid leave under the Family Medical Leave Act if he or she is personally unable to continue to work due to a serious health condition. Contact our Medicaid Attorney in New Jersey for any legal matter related to Medicaid administration.

Additional employee requirements include that an employee must have worked for the employer for the last 12 months, or have a minimum of 1,250 hours. It is important to note that the Family Medical Leave Act is an inclusive law, and fathers have the legal right to take leave as well, not only for illnesses, but also to care for a newborn child or newly adopted child under the rights explained by the Equal Employment Opportunity Commission (EEOC).

Family Law

Family law is not only about divorce or child custody issues. Family law covers all areas of law related to the rights of family members. If you feel that you were discriminated against in any way in your attempt to exert your legal rights under the Family Medical Leave Act, contacting an experienced family law attorney can help ensure your legal rights remain protected.

Contact an Attorney Today

You have the legal right under the Family Medical Leave Act to protect and care for your family.  If your Family Medical Leave Act rights were either violated or denied, contact an experienced family law attorney at the law firm of Giro Law at 201-690-1642. We can work with you to ensure your legal rights remain protected and help you with your next steps.