family and medical leave act

The Family and Medical Leave Act (“FMLA”) allows for certain employees to take off up to twelve weeks per year to recover from a serious medical condition or to assist a close relative in doing so. The FMLA applies to only employees who have worked for the employer in question for at least one year. The employee must also, during that year, work a certain number of hours. Further, the FMLA applies to only employers with 50 or more employees at the site at which the employee works.

An employer, generally, must allow an employee to come back from FMLA leave to the same or equivalent position. The FMLA prohibits an employer from interfering with an employee’s right to exercise FMLA rights. It also prohibits an employer from retaliating against an individual for exercising such rights.