The Family Medical Leave Act (“FMLA”) was enacted by Congress “to balance the demands of the workplace with the needs of families, to promote the stability and economic security of families, and to promote national interest in preserving family integrity” by requiring covered employers to provide 12 weeks of unpaid leave to eligible employees because of the employee’s illness or to care for a sick family member. Prior to the FMLA, employees were frequently forced to choose between their health and their job.

The FMLA unfortunately does not apply to everyone. With respect to employers, the FMLA only applies to employers with fifty or more employees working at the job site. To be eligible for leave as an employee, you must have worked for the employer at least one year and for a minimum of 1,250 hours. Under the FMLA, eligible employees may take up to 12 weeks of unpaid leave from their jobs every 12 months for: 1) the employee’s own serious health condition; 2) To care for a family member who has a serious health condition; and 3) for the birth or care of a newborn or adopted child. FMLA leave may be taken on an intermittent basis which means that it can be taken in increments as small as a day or less if the situation warrants. The FMLA is administered by the United States Department of Labor, which has adopted a complex set of regulations that contain important rules for both employers and employees when a request for family medical leave is made.

If you believe that you need to take off work for family medical leave, you should make a request for FMLA leave by following your employer’s policies. The FMLA typically requires that you provide your employer with advance notice of your need for leave if at possible. In cases of foreseeable leave, you must give notice of the need for leave at least 30 days before the leave begins. If the need for leave become foreseeable less than 30 days before you need leave, you must provide notice “as soon as practicable,” which usually means within one or two business days of the date that you first learn of the need for leave. If you request FMLA leave because of your own serious health condition or the serious health condition of a family member, your employer has the right to request that you provide a certification from a health care provider verifying the need for leave.

At the conclusion of your leave, your employer is required to restore you to your original job or to an equivalent job, which means virtually identical to the original job in terms of pay, benefits, and other employment terms and conditions.

The FMLA makes it unlawful for any employer to interfere with, restrain or deny the exercise of any right provided under the law. It is also unlawful for an employer to retaliate against you because you exercised a right under the FMLA. For example, employers are prohibited from using an employee’s decision to take FMLA leave as a negative factor in employment actions such as hiring, promotions, or disciplinary actions. Similarly, FMLA leave cannot be counted under “no fault” attendance policies.

The FMLA is complicated and contains many detailed requirements for employees to be afforded protections such as providing notice of your need for leave and medical certifications verifying your need for leave. Most employers are familiar with the FMLA’s provisions and some try to take advantage of employees who do not understand their rights and obligations under the FMLA. Our attorneys have counseled and represented numerous employees in FMLA matters and can help you avoid common employer traps that are set for unwary employees. If you have questions about your right to family medical leave, call the Pittsburgh Employment Rights firm of Kunkel & Fink, LLP at 1-800-467-5272 or complete the contact form on this website.