The FMLA provides twelve weeks of leave for a serious health condition, care for a family member, birth or placement of a child, and qualifying military exigencies. Eligibility requires twelve months of service and 1,250 hours worked.
Employers with fifty or more employees within seventy-five miles are covered.
Alternative Names:
FMLA|Family Medical Leave Act
Why it Matters?
Interference and retaliation are separate claims requiring different proof, with interference needing no discriminatory intent and covering denial of leave, discouragement from taking it, and failure to restore the position. Intermittent leave generates the most disputes because attendance patterns interact with discipline policies, and terminating for absences that were FMLA-qualifying is the recurring liability. Certification procedures give employers tools that are frequently underused.
Frequently Confused with
Related terms
Frequently asked questions
What distinguishes interference from retaliation?
Where do most disputes arise?
