The Family and Medical Leave Act (FMLA) provides eligible employees of covered employers the right to take unpaid, job-protected leave for certain family and medical reasons. During such leave, employees are entitled to maintain their group health insurance coverage under the same terms as if they had continued working. Employers fall under FMLA coverage if they employ at least 50 employees for 20 or more weeks in the current or previous calendar year.
Employees may qualify for FMLA leave if they meet particular requirements: having worked for a covered employer for at least 12 months, which may be non-consecutive; having clocked in at least 1,250 hours over the 12 months before the start of the leave; and being located at a worksite with at least 50 employees within a 75-mile radius.
Under the FMLA, eligible employees are entitled to up to twelve workweeks of leave within a 12-month period for various reasons, including:
- The birth and care of a newborn child within one year of birth.
- The adoption or foster placement of a child, including care of the child within one year of placement.
- Caring for a spouse, child, or parent with a serious health condition.
- A serious health condition that impedes the employee's ability to perform essential job functions.
- Addressing qualifying exigencies related to a family member's covered military active duty.
Moreover, employees may be eligible for twenty-six workweeks of leave during a single 12-month period to care for a covered servicemember with a significant injury or illness if the employee is the servicemember’s spouse, child, parent, or next of kin. This is known as military caregiver leave.
On February 23, 2015, the U.S. Department of Labor’s Wage and Hour Division announced a "Final Rule" addressing the definition of 'spouse' under the FMLA. This update aligns with the Supreme Court decision in United States v. Windsor, which deemed section 3 of the Defense of Marriage Act (DOMA) unconstitutional. Consequently, the amended definition allows eligible employees in lawful same-sex marriages to take FMLA leave to care for their spouse or family member, irrespective of their state of residence.
Contact Us
If you have any questions regarding the rights of employees under the FMLA, or wish to consult an attorney regarding a legal matter, please contact Joseph C. Maya and the attorneys at Maya Murphy, P.C. at (203) 221-3100 or Jmaya@mayalaw.com to arrange a free initial consultation.
