Employees may be eligible for up to 12 weeks of unpaid leave in a 12-month period.
The Family and Medical Leave Act (FMLA) aims to protect jobs when employees must tend to family medical conditions. An eligible employee has worked at least 12 months for an employer with 50 or more employees within a 75-mile radius, working a minimum of 1,250 hours.
FMLA Provisions
The Family and Medical Leave Act (FMLA) provisions require covered employers to grant up to 12 weeks of unpaid leave to eligible employees for medical events. FMLA intends to protect the employee's job and status while on leave, and requires medical certification.
Americans with Disabilities Act (ADA)
An employee who is chronically absent and covered by FMLA due to a health condition may be considered disabled and require reasonable accommodation in the workplace, such as work hour adaptation or job transfer. This law protects employees from discrimination based on their disability or their relationship with a disabled person.
Layoff and Termination
The Family and Medical Leave Act does not forbid employee layoff or termination during leave, provided the action would have occurred if the employee was not on leave. Employees may be considered for layoff or termination using a fair and honest appraisal system, but not based on the FMLA leave or health condition status.
