What is the FMLA?

Wisconsin employees may want to know some specifics about the Family and Medical Leave Act and whether they are covered by it. This law helps employees to take leave when they have a situation that interferes with their ability to work.

The federal Family and Medical Leave Act is a statute that gives employees the opportunity to take time off from employment, in order to take care of medical issues or to aid a family member. In order to take advantage of this law, either the employee, or certain close family members, must have a serious medical condition. Conditions that qualify include those that involve a hospital stay, chronic medical issues or those that require time off from work with ongoing treatment. Additionally, the birth or adoption of a child can qualify the employee for leave.

The FMLA only applies to certain employers and employees. Government agencies, whether federal, state or local, and any company with at least 50 employees that is engaged in interstate commerce are covered by the Act. If an employee works for one of these employers, they must have been so employed for at least 12 months in order to be eligible. Also, the employee must perform their work on-site at a location within the United States or one of its territories where at least 50 employees are located within a 75-mile radius.

For those who have faced discrimination for taking family leave, whether due to an illness or other serious family responsibility, an attorney may be able to help. As each client’s particular situation is different and fact-specific, the information in this article should not be taken as legal advice. An attorney may be able to assess the person’s situation and determine the appropriate administrative or legal action.

Source: FIndlaw, “Family and Medical Leave Act“, August 04, 2014


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