We recently passed twenty years that the Family Medical Leave Act (FMLA) has been in place.  The FMLA is a federal law that allows covered employees up to twelve weeks of unpaid leave with one calendar year for the following:

    • Birth and care of the employee’s child, within one year of birth
    • Placement with the employee of a child for adoption or foster care, within one year of the placement
    • Care of an immediate family member (spouse, child, parent) who has a serious health condition
    • For the employee’s own serious health condition that makes the employee unable to perform the essential functions of his or her job
    • Any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is on active duty or has been notified of an impending call or order to active duty in the U.S. National Guard or Reserves in support of a contingency operation

What are your rights when you return from FMLA:

  • An eligible employee has the right to have group health insurance maintained during a period of FMLA leave under the same terms and conditions as if the employee had not taken leave and
  • has the right to be restored to the same or an equivalent position at the end of the FMLA leave

If you feel you are being retaliated against or your job is being negatively affected as a result of you taking FMLA leave, you should contact an employment attorney to discuss your rights under FMLA.