Family and Medical Leave Act
The Family and Medical Leave Act (“FMLA”)(29 U.S.C. §2601) protects the employment and benefits of a qualifying employee who must take time off work for the birth or adoption of a child; or to care for their own serious health condition, or that of an immediate family member. To qualify for protection under the FMLA, an employee must have been employed for 12 months; and must have worked at least 1,250 hours for that employer, during the previous 12 months.
The FMLA generally prohibits a qualifying employer (engaged in interstate commerce, and having 50 or more employees) from terminating the employment of an eligible employees during up to 12 weeks of unpaid leave from work for a qualifying event. Upon the employee’s return to work, the employer must return the employee to the same, or an equivalent position (in terms of wages and benefits).
If an employer interferes with, restrains or denies the exercise of rights under the Act, an employee may file a civil action in state or federal court. In such action, the employee may be entitled to double their lost wages and benefits; an award of the fees and expenses of the lawsuit; and reinstatement and even promotion. A claim under the Act must be filed within 2 years of the employer conduct giving rise to the action, unless the conduct is deemed a “willful violation,” in which case the claim must be filed within 3 years.
The Courts are just beginning to interpret and construe the parameters of this relatively new law, but have largely construed the law liberally and broadly, to protect employees from displacement during certifiable family crises.