The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. An employee is eligible if he or she has worked for a company for a minimum of one year and has worked at least 1,250 hours. An employer is covered by the FMLA if it has at least 50 employees in the span of 75 miles. Eligible employees are entitled to: Twelve (12) workweeks of leave in a 12-month period for: the birth of a child and to care for the newborn child within one year of birth (Maternity Leave); 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; to care for the employee’s spouse, child, or parent who has a serious health condition; a 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 a covered military member on covered active duty;” or twenty-six work weeks of leave during a single 12-month period 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).

The right to FMLA leave renews every 12 months as long as you are eligible and the employer remains covered by the Act. FMLA leave can be intermittent. Sometimes the leave is needed for the purpose of going to medical appointments or to deal with emergency situations. Your employer may institute procedures to call in to notify it of the leave that you are taking.

There are intricate rules that an employer needs to follow in connection with recertification requests. If your FMLA leave is going to go beyond a year or 12-month period, the employer can ask for an annual recertification. If the initial certification did not specify a certain leave period, the employer is allowed to ask for recertification for each six-month period.

If your employer violates your rights under the FMLA, you can file a complaint with the US Department of Labor Wage and Hour Division or file a lawsuit in federal district court.

Contact Deborah, an experienced FMLA Lawyer, to set up an appointment to discuss your case.