The Family Medical Leave Act (FMLA) grants eligible employees up to twelve (12) work weeks within a twelve (12) month period of time of unpaid leave  for one or more of the following reasons:

• Birth and care of a newborn child of the employee;
• Placement with the employee of a child from adoption or foster care;
• Care of an immediate family member (spouse, child, or parent) with a serious health condition;
• Medical leave if the employee is unable to work because of a serious health condition.

An eligible employee is one who has been employed by the employer for at least twelve (12) months and has worked at least 1,250 hours.  The twelve months do not need to be consecutive.  Your employer must have at least 50 or more employees. 

You must provide your employer with 30 days notice if the event requiring FMLA is foreseeable.  The employer may require medical certification from the employee before leave is granted and also before an employee is permitted to return to work.  An employer can delay the start of FMLA for 30 days if advance notice is not provided. 

If you and your spouse work for the same employer, you both may not take off 12 weeks to care for the newborn, the adopted child, or to care for a parent with a serious condition.

If you have a case for violations of FMLA, contact the Experienced Attorneys at Maizel Legal Associates for a free consultation.