FMLA

President Clinton signed the Family and Medical Leave Act in 1993. The FMLA provides longer service employees of larger employers the right to take up to 12 weeks from work without losing their job. The FMLA is available to employees who need to care for their own or a family member's serious health condition. Beginning in 2008, a spouse, son, daughter, or parent of an employee who is a member of the military service can take up to 26 weeks of military caregiver or exigency leave.  The FMLA does not create a right to compensation. Therefore, FMLA leave is unpaid, unless the employee uses available vacation or sick time.

My Employment Lawyer provides  answers to frequently asked questions about the Family and Medical Leave Act to help you evaluate your options if you need time to take off from work.  These answers are not a substitute for legal advise.  To protect your rights fully, you must consult legal counsel in your state about the Family and Medical Leave Act.

FAQs (1)

Family leave
Employment law FAQs, forums, questions, answers and resources from attorneys representing individual employees across the United States

Articles (11)

Guide to Employer FMLA Notices with DOL Approved FMLA Forms
A. Employer Notices The 2008 FMLA regulations require four separate types of Employer notices: “General notice,” which means the poster listing employees’ FMLA rights, plus a new a requirement t... applies to All States

Family and Care Giver Discrimination, Harassment and Discharge
Family responsibility discrimination is an emerging area of discrimination law. Although no specific law designates a family care giver as a protected class, a number of laws protect people with famil... applies to Florida

Florida wrongful discharge law
Florida law does not recognize a “wrongful termination” or "wrongful discharge" claim, at least by that name. Florida is an at-will state, which means that an employer may fire, demote, hire, prom... applies to Florida

Family and Medical Leave Act 2008 Rule Changes.
The Department of Labor issued final changes to its Family and Medical Leave Act (FMLA) rules, which took effect on January 16, 2009. These changes include the new leave related to military service me... applies to All States

List of Employment Law FAQs
Non-competition Severance pay Retaliation Sexual harassment Family leave Discrimination Wrongfully accused Overtime Tax Issues in Settlements Healthy Families Act Smoke free workplace Ohio non-compete... applies to All States

Questions and Answers (713)

If an employee missed a lot of days prior to being eligible for FMLA do those days get cleared and considered FMLA once the employee files for the FMLA? Or does FMLA only cover instances after FMLA paperwork has been filed?
We have an employee who just signed up for FMLA and I want to know if I should approve all her prior days off and count it towards her FMLA time or if I can leave those and just count going forward fr... applies to Wisconsin  ·  0 answers

I have FMLA and I was mandated to work another 8 hour shift and I couldn't so I used my FMLA can I asked to bring in a doctor's note with my FMLA?
My FMLA states that if I have to use FMLA to leave while mandated I can do so. It's written in bold. I also was mandated 9 minutes before it my shift was done. applies to New York  ·  1 answer

My supervisor contacted human resources, and applied for FMLA for me without my knowledge. Is this legal?
I was given FMLA without my permission or asking for FMLA and leave has been taken from my sick leave to cover FMLA applies to California  ·  0 answers

FMLA, HOW LONG TELL HR HAS TO RESPOND
FMLA,MY WORK HAS RECIEVED MY FMLA CERT PAPERS AND HAVE NOT RESPONDED TO ME ABOUT APPROVAL FOR 2 WEEKS. HOW LONG DO THEY HAVE TO RESPOND,I'VE MADE CALLS TO THE HR PEOPLE WHO HANDLE FMLA, AND NO ONE HAS... applies to California  ·  1 answer

Can you have more than one FMLA if one is for a family member an then one is for self or combined?
I would like to find out if you can advise if you work for a company and you was taking FMLA for a sick parent and has used that time (35 days so far) and now myself have been put out because I have c... applies to Texas  ·  1 answer

Lawyer Matches (14)

Nirenberg, Jonathan
Dedicated to Enforcing Employee Rights
Upper Montclair, New Jersey

Balaban, Michael

Las Vegas, Nevada

Smith, Louise
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Dabrowski, Doris
Legal analysis, advice and advocacy to help you achieve goals
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Isaac, Kendall
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Related Articles from around the web (174)

Employee Could Proceed with FMLA Retaliation Claim Even Though He Never Requested FMLA Leave

FMLA Insights Podcast: When Does Additional Leave Beyond FMLA Need to be Granted?

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Do You Know Your Rights Under the FMLA?

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