Family and Medical Leave

Family and Medical Leave Law Firm

Many employers are required by law to provide employees with leave for family and medical reasons.  This area of the law is regulated by both state and federal law, each one with its own specific rules.

Perhaps the most important law is this area is the Federal Family and Medical Leave Act (FMLA).  FMLA requires that employers with 50 or more employees provide employees at least 12 weeks of unpaid leave per year for:

• a serious health condition that makes the employee unable to perform the essential functions of his or her job;
• to care for the employee’s spouse, child, or parent who has a serious health condition;
• the birth of a child and to care for the newborn child within one year of birth;
• the placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;
• certain circumstances related to an employee’s family member who is on active military duty.

Additionally, the Family and Medical Leave Act requires employers to provide 26 weeks of unpaid leave to care for a covered servicemember with a serious injury or illness if the eligible employee is the servicemember’s spouse, son, daughter, parent, or next of kin (military caregiver leave).

Most employees who return to work after taking FMLA leave must be returned to the same position (or a nearly identical one) by their employers.

Although federal law does not require that employers provide any paid leave to their employees, an employee may be entitled to paid leave pursuant to a contract with the employer, or the policy of the employer.  It is therefore extremely important to understand your employment contract and your employer’s employment policies.  Additionally, state laws may require employers to provide at least some paid leave to employees.

Contact Washington D.C. and Philadelphia Employee Rights Law Firm

Klaproth Law will assist employees in enforcing their rights to family leave, medical leave, and other accommodations as required by law, employment contracts and employer policies.  Contact us for a consultation.