How well do you know your FMLA rights?

You’ve probably heard of the Family Medical Leave Act (FMLA) in passing when a peer, co-worker, friend, or partner, takes time from work when having a child. Although it is very commonly used during such times, did you know that it also applied to many other criteria?

The FMLA was established in 1993 as a federal law requiring covered employers to provide employees with job-protected and unpaid leave for qualified medical and family reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave.

As we mentioned before, this does not only apply to a newborn child but also, to some of the following for an allotted time of 12 workweeks (In a 1yr Period):

  • The adoption of a child or foster child
  • To care for a spouse, partner, child or parent who has a serious health condition
  • A serious health condition to the employee that deems them unable to perform essential functions of their job


There is also a 26-work week coverage exception (In a 1yr Period) to care for a covered service member with a serious injury or illness if said person is a spouse, partner, child, or next of kin of the employee. This is called the “Military Caregiver Leave”.

Note: It is unlawful for any employer to interfere with, restrain, or deny the right provided by the FMLA Act.

To be eligible to take leave under the FMLA Act, as an employee, you must;

  • Work for a covered employer
  • Have worked 1,250 hrs during the 12 Months prior to the leave
  • Work where an employer has 50+ employees within 75 miles
  • Must have worked for the employer 12 months (although not consecutively) in order to qualify


Usually, the question asked the most is, what is required of an employer after an employee returns? Overall, the employee must be restored to his or her original job or to an equivalent job with equal pay, benefits, and other terms and conditions of employment. FMLA is not to be counted against an employee’s “no-fault” attendance policy.

If you have any further questions regarding the FMLA Act, EPGD Business Law is here to help answer them. We can be contacted directly at 786-837-6787 or

*Disclaimer: This blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns. Contacting us through our website does not establish an attorney-client relationship. *