Family Medical Leave Act Eligibility

The Family Medical Leave Act is a United States federal statute enacted in 1993 to protect employees from negative employment consequences associated with family illness. The FMLA allows covered employees to take... more +
The Family Medical Leave Act is a United States federal statute enacted in 1993 to protect employees from negative employment consequences associated with family illness. The FMLA allows covered employees to take up to twelve weeks of unpaid, job-protected leave, in order to care for a qualified family member or address a personal medical issue.   Situations covered under the Act include: birth of a child and care of a newborn; placement of an adopted or foster child; serious illness of an employee's spouse, child or parent;  serious illness of the employee that affects ability to perform his/her job; situations arising out of an employee's spouse, child or parent's active military service. Employees who take leave to care for a seriously injured family servicemember are eligible for longer periods of covered leave.  less -
News & Analysis as of

FMLA FAQ: My Employee Took A Whole Lot Of Leave Last Year. Is He Even Eligible Now For FMLA Leave?

Q: We have an exempt, managerial employee who in this past year took all 12 weeks of FMLA leave, and six additional weeks of unpaid leave. He also was intermittently absent for digestive problems to the tune of about four...more

FMLA FAQ: Does Temporary Employment Count Toward FMLA Eligibility?

Q: We regularly utilize temporary employees, some of whom we hire permanently. Does the time they work as a temp (through an agency) count toward the 12-month and 1,250 hour eligibility requirements?...more

Spring Cleaning: Time to Update Some FMLA and I-9 Forms & Posters

For lawyers, anytime there’s a change, it seems to be a big deal. But for employers, change is inevitable and part of business. Indeed, if a new poster is required by employers, most employers simply shrug and order a new...more

New FMLA Regulations Effective: New Notice Poster and Model Forms Available

As of March 8, 2013, employers with 50 or more employees are required to post the Department of Labor’s (DOL) new Family and Medical Leave Act (FMLA) notice poster incorporating the recently issued final regulations, which...more

Is Work From Home Counted in Determining FMLA Eligibility?

A recent ruling from the Second Circuit Court of Appeals (“Second Circuit”) has generated a lot of buzz – and potential problems for employers – regarding what hours must be counted in determining whether an employee is...more

Employers have at least one favorable provision with FMLA by Ann Bowden-Hollis

Originally published in The Journal of South Mississippi Business • December 2012. Nearing the end of a year lends itself to consideration of what is left to do and what might be coming up in the new year. In terms of...more

FMLA and Holiday Absences

It is no secret that the holiday season can be stressful for many people. Depression and similar problems spike at this time of year and can increase the need for FMLA. This can sometimes be complex to assess over a holiday...more

What!?! Time Caring for Mom in Las Vegas is FMLA Leave

The FMLA just got a whole lot broader. In what might be one of the key FMLA decisions of the year, a federal judge has upheld an employee's right to take FMLA leave to care for her mother during a recreational trip to...more

Hurricane Sandy and the FMLA: Are Your Employees Eligible for Leave During a Natural Disaster?

Our thoughts and prayers are with those on the east coast who are attempting to return to some sense of normalcy in the wake of the devastation left behind by Hurricane Sandy. Natural disasters like Sandy raise a host...more

Second Circuit Finds That After-Hours Work Is Considered “Hours Worked” For Purposes Of Determining Eligibility For Leave Under...

Donnelly v. Greenburgh Central School Dist. No. 7, No. 11-cv-2448 (2d Cir., Aug. 10, 2012): The plaintiff, a former high school teacher, claimed that the defendants had unlawfully denied him tenure in retaliation for his...more

Employer’s Mistaken Allowance Of FMLA Leave Can Create Liability For Retaliation

In order to be granted a leave of absence under the Family and Medical Leave Act (FMLA), an employee first must fulfill certain eligibility requirements, including having worked for the employer for at least 12 months, and...more

Visit to doctor for prescription refill is not “treatment” for purposes of FMLA

The Family and Medical Leave Act (FMLA) provides unpaid leave time to eligible employees under specific circumstances, including the serious health condition of the employee. It is a violation of the FMLA for an employer to...more

DOL Publishes Its “Plain Language” Explanation And Guidebook For The FMLA

The Family and Medical Leave Act (FMLA) entitles eligible employees to twelve weeks of unpaid leave each year for certain medical issues for themselves or immediate family members. Employers are prohibited from...more

FMLA Coverage For Employees Who Are Not Yet Eligible

Employees are eligible for protection under the Family and Medical Leave Act (“FMLA”) once they have been employed (a) by the employer for 12 months; (b) for at least 1250 hours of service during the 12-month period...more

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