The Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act (FMLA) provides certain employees with up to 12 weeks of unpaid, job-protected leave per year. It also requires that their group health benefits be maintained during the leave.

FMLA is designed to help employees balance their work and family responsibilities by allowing them to take reasonable unpaid leave for certain family and medical reasons. It also seeks to accommodate the legitimate interests of employers and promote equal employment opportunity for men and women.

FMLA applies to all public agencies, all public and private elementary and secondary schools, and companies with 50 or more employees. These employers must provide an eligible employee with up to 12 weeks of unpaid leave each year for any of the following reasons:

• for the birth and care of the newborn child of an employee;
• for placement with the employee of a child for adoption or foster care;
• to care for an immediate family member (spouse, child, or parent) with a serious health condition; or
• to take medical leave when the employee is unable to work because of a serious health condition.

Employees are eligible for leave if they have worked for their employer at least 12 months, at least 1,250 hours over the past 12 months, and work at a location where the company employs 50 or more employees within 75 miles. Whether an employee has worked the minimum 1,250 hours of service is determined according to FLSA principles for determining compensable hours or work.

Time taken off work due to pregnancy complications can be counted against the 12 weeks of family and medical leave.

If you have any questions, inquiries or desire representation with regard to any of these types of claims, please send your questions to rsneed@fosterfoster.com

For more information about:

• Age discrimination (ADEA)
• Disability discrimination and hostile work environment (ADA and Rehabilitation Act)
• Discrimination or hostile work environment based on race, color, sex, gender, national origin, ethnicity, or religion (Title VII)
• Employment contract disputes (dual) Equal Employment Opportunity Commission (EEOC) and South Carolina Human Affairs Commission (SCHAC)
• Equal Pay Act (EPA)
• Family Medical Leave Act Claims (FMLA)
• Military leave laws (USERRA) and veteran discrimination (Sneed)
• Occupational Safety and Health Administration (OSHA)
• Pregnancy discrimination
• Retaliation, whistleblower, and free speech violations (dual)
• Severance package review, layoff and reduction in force (RIF) agreement review and negotiation (dual)
• Sexual harassment and hostile work environment (Title VII)
• Wage disputes, including: overtime, minimum wage, bonus, and vacation issues Fair Labor Standards Act (FLSA), the SC Wage Payment Act (dual)
• Worker Adjustment and Retraining Notification Act (WARN)
• Wrongful discharge or wrongful termination in violation of public policy