The Family and Medical Leave Act lawyers help clients throughout Maryland, Washington DC and Northern Virginia protect their FMLA rights.
The Family And Medical Leave Act Of 1993 (FMLA)
The Family and Medical Leave Act (FMLA) is a federal law allowing an employee to take unpaid leave of up to 12 weeks due to illness, in order to care for a sick family member, or for the birth of a child (see below), without fear of being terminated from his/her job or being forced into a lower level job upon their return. The leave can be used in one absence or for intermittent periods of up to 12 weeks within a 12 month period. The Employer must have at least 50 employees to be subject to the FMLA law.
What is the Eligible Employee Entitled to Under the FMLA?
- 12 weeks unpaid leave
- Medical/health benefits during the leave
- Restoration of their original job when they return to work after the leave
FMLA Notes of Interest
- Fifty (50) employee requirement for Employer
- Notice: The Employee is generally required to provide 30 days notice of his or her intention to take FMLA, or if the onset of the condition does not permit, “as soon as practicable”
- Medical certification may be requested by the employer
- FMLA cannot be applied retroactively
- Although the law only requires unpaid leave, the law permits an employee to elect, or the employer to require the employee to use accrued paid leave, such as sick or vacation leave, for all or part of FMLA leave period. Even though leave may fall under the category of “paid leave”, it still counts against the FMLA time period.
Common Circumstances When the FMLA is Used
- The birth and care of a newborn child
- The adoption of a or placement of foster child
- To care for an immediate family member with a serious health condition
- To take leave when the employee has a serious health condition
Employer’s Responsibilities Under the Family and Medical Leave Act
Upon return from FMLA leave, an employee must be restored to the employee’s original job, or to an equivalent job with equivalent pay, benefits, and other terms and conditions of employment. In addition, an employee’s use of FMLA leave cannot result in the loss of any employment benefit that the employee earned or was entitled to before using FMLA leave, nor be counted against the employee under a “no fault” attendance policy. In sum, an employer may not penalize an employee for taking protected medical leave.
If you need the help of an experienced employment discrimination lawyer, personal injury or insurance attorney in Maryland, Washington DC or Northern Virginia, please contact the Law Offices of Stuart L. Plotnick, LLC in Rockville, Maryland