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Family Medical Leave Act

The Family and Medical Leave Act (FMLA) entitles eligible employees of covered employers to take 12 weeks of unpaid, job-protected leave for specified family and medical reasons, including parental leave, serious medical issues or the need to care for another or deal with family emergencies. Wigdor’s experienced FMLA lawyers have recovered substantial financial settlements for countless individuals wrongfully denied benefits by their employers in violation of the FMLA.

The FMLA applies to employers with at least 50 employees. To be eligible, you must have worked for the employer for at least 12 months, and for at least 1250 hours in the past 12 months. You also must work at a location where the employer has 50 employees within a 75-mile radius.

Eligible employees are entitled to 12 workweeks of unpaid leave in a 12-month period for:

  • Caring for a new child (through birth, adoption, or foster care)
  • Your own serious health condition (such as surgery or hospitalization)
  • Caring for a seriously ill child, spouse or parent
  • Caring for a family member injured while serving in the military, or to plan for a spouse, child or parent servicemember’s deployment

Under the FMLA, an employer cannot require an employee to come back to work before his or her FMLA leave time is exhausted. In some instances, an employer must provide an employee additional leave to comply with federal and state laws regarding disability accommodation and/or pregnancy discrimination.

FMLA cases often overlap with pregnancy and disability discrimination cases because of stereotypes regarding working mothers and preconceptions regarding the abilities of or costs associated with employees who have had medical issues. In additional, some or all of your FMLA leave may be fully or partially paid depending on the state in which you work.

Wigdor’s FMLA lawyers have handled numerous newsworthy and financially and legally significant cases in this area, helping clients navigate through the often-confusing legal process while fighting tenaciously on their behalf to obtain their best outcomes. Whether the FMLA applies in a particular situation can be complicated. Our attorneys can help you to determine whether your condition may be covered.

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