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The Family and Medical Leave Act – Q & A

Posted by Eric Kingsley | Jun 08, 2013 | 0 Comments

Answers to the most common questions about The Family and Medical Leave Act (FMLA)

FMLA stipulates that covered employers must allow an eligible employee to take up to 12 weeks of unpaid, job protected leave for specific family or medical reasons. Here are several questions and answers that will help you to gain a better understanding of The Family and Medical Leave Act.

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Q: What are the types of situations that allow me to use the FMLA?


▪       Birth of a child

▪       Adoption of a child

▪       Foster care placement of a child

▪       Caring for a child, spouse or parent with a serious health condition

▪       Your own serious health condition

Q: What is considered a “covered employer”?

A: The Family and Medical Leave Act applies to employers who meet the following criteria:

▪       Private sector companies with 50 or more employees, working 20 or more weeks in the current or previous calendar year;

▪       Local, state or federal government agencies and other private agencies, regardless of the number of employees; or

▪       Elementary and secondary schools, both public and private, regardless of the number of employees.

Q: Who is an “eligible employee”?

A: Employees of covered employers who meet the following criteria:

▪       Employment at the firm for at least 12 months

▪       Accumulation of at least 1,250 hours during the 12 month period preceding leave

▪       The firm must employe at least 50 employees within 75 miles

Q: Do I have to provide any proof in order to be granted my leave?

A: You may be required to provide certification from your doctor to initiate your FMLA request.

Q: Will I still have my job when I return from FMLA leave?

A: The Family and Medical Leave Act requires that an employee be restored to his or her original or equivalent position upon return from leave including, salary, benefits, and all other terms of employment. 

If you have any questions about the Family and Medical Leave Act or about a situation you are experiencing at work, please call us toll free at 888-500-8469 or locally at 818-990-8300.

Additional Resources:

Department of Labor FMLA Fact Sheet

About the Author

Eric Kingsley

In practice since 1996, attorney and firm co-founder Eric B. Kingsley has litigated complex cases and authored numerous appellate briefs in both state and federal court on behalf of the California law firm of Kingsley & Kingsley, including over 150 class actions. Mr. Kingsley concentrates his pra...


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