The Family and Medical Leave Act of 1993

The Family and Medical Leave Act of 1993 was created in order to help protect the employment of individuals whose pressing family issues demand their attention and care. This law has specific requirements for both employees and employers regarding these types of situations as well as specific considerations for families of armed services personnel.

Your employment should not be threatened because of your dedication to caring for your family. If you believe you have been wrongfully terminated or your employment has been affected because of family or medical leave, the Fair Labor Standards Act lawyers at Tycko & Zavareei, LLP can fight for you. Please contact us today at 202-973-0900 for more information.

Understanding FMLA Guidelines

This federal regulation was put in place to protect employment in case of demanding family situations. It was amended in 2009 to allow for greater protection of military families and airline flight crews.

The FMLA mandates that eligible employees may take up to 12 weeks off of work for specific family and medical reasons within a 12-month period. This leave, though unpaid, requires that your employment be protected. This act also extends to family members of military service personnel who are expecting deployment or who have serious medical needs. For these military family members, the period of leave may extend for up to 26 weeks in a 12-month period.

The following are specific guidelines for when an employee may request this type of leave:

  • If the employee is unable to work because of a serious medical condition
  • If the employee must care for a spouse, child, or parent with a serious medical condition
  • If the employee’s spouse, child or parent has been called into service or is soon to be called into service from the National Guard or Reserves
  • If the employee has had a newborn child
  • If the employee has recently adopted a child or had a foster child placed in his or her care

The following are specific guidelines for determining which employees are eligible for this type of leave:

  • The employee must have worked for the employer for at least 12 months
  • The employee must have worked at least 1250 hours in the last 12 months
  • The employee must work in the US or a US territory in which the employer employs at least 50 employees within 75 miles of the place of employment
  • The employee must work for a covered employer

The following are specific guidelines for a covered employer:

  • May be a public agency
  • May be a local education agency
  • A private-sector employer who employed at least 50 employees for at least 20 weeks of the past 12 months

Contact Us

For more information about your rights according to the FMLA, please contact the Fair Labor Standards Act lawyers at Tycko & Zavareei, LLP today by calling 202-973-0900.

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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
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