Family and Medical Leave

The federal Family and Medical Leave Act of 1993 entitles eligible employees to take up to twelve (12) workweeks of unpaid leave in a 12 month period for

  • the birth and care of an employee's newborn child;
  • placement with the employee of a son or daughter for adoption or foster care;
  • the care of a spouse, son or daughter, or parent with a serious health condition; or
  • qualifying exigencies arising out of the fact that the employee's spouse, son, daughter, or parent is on active duty or call to active duty status as a member of the National Guard or Reserves.

The Family and Medical Leave Act also permits eligible employees to take up to 26 workweeks of leave in a single 12 month period to care for a covered servicemember with a serious injury or illness.

Covered employers under The Family and Medical Leave Act include all public agencies and private sector employers who employed 50 or more employees in 20 or more workweeks in the current or preceding calendar year.

An employee is "covered" under the Family and Medical Leave Act if they

  • work for a covered employer; 
  • have worked for the employer for a total of 12 months;
  • have worked at least 1,250 hours over the previous 12 months; and
  • work at a location in the United States or in any territory or possession of the United where at least 50 employees are employed by the employer within 75 miles.

A covered employer generally cannot refuse to permit such a qualifying leave.  Moreover, a covered employer is generally required to reinstate the employee upon return from leave.

Call us at 212.425.0630 or contact us online to set up a consultation to discuss your legal options.