last update 1-01-2003

FAMILY AND MEDICAL LEAVE ACT BENEFITS

Have you needed time off work for medical or family reasons but your employer has refused to let you off. If you work for a company that has at least 50 employees, you may have a legal claim against your former employer for wages and benefits.

The Federal Family and Medical Leave Act (FMLA), 29 U.S.C 2601 et seq requires that covered employers provide up to 12 weeks of unpaid leave to employees for family and medical reasons. Employees are eligible if they have worked for a overed employer for at least one year, and for 1,250 hours over the previous 12 months, and if there are at least 50 employees of the employer within 75 miles. Thus, if you are working for a small company with less than 50 employees, the FMLA will not help you.

For those qualifying, unpaid leave must be granted for any of the following reasons:

1. To care of the employee's child after birth, or placement for adoption;
2. To care for the employee's spouse, son or daughter, or parent, who has a serious health condition;
3. For a serious health condition that makes the employee unable to perform the job.

The employee may be required to provide advance notice and medical certification to take the leave. The employee ordinarily must provide the employer with 30 days advance notice when the leave is "foreseeable". He may also be required to provide a medical certification to support a request for leave because of a serious health condition, and may be required to have a second or third medical opinion--at the employer's expense.

For the duration of the leave, the employer must maintain the employee's health coverage under any "group health plan." Upon return from the leave, the employee must be restored to the original or equivalent position with equivalent pay, benefits and other employment terms. The use of the leave cannot result in the loss of any employment benefit that existed prior to the start of the employee's leave.

It is unlawful for the employer to interfere with, restrain or deny the exercise of any right provided by this law. The employer cannot fire or discriminate against any person for opposing any practice made unlawful by this law.

If the employee has not been provided the proper benefits under this law after complying with the employer's reasonable rules, he can bring a suit against the employer for the violations. He can claim the amount of wages and benefits lost, plus an equal amount again for damages, interest, attorney's fees and any costs incurred in the litigation. However, the employer may not have to pay the equal amount of damages if he can prove a good faith error and reasonable grounds for his position.

The suit must be brought within two years of the last event constituting the alleged violation of the law. However, if the employer was willful in denying coverage or other violations of the act, then suit can be brought within 3 years of the last violation. Suit can be brought in any proper Federal or State court.


========================  WARNING  =======================
                      AND DISCLAIMER
This information is provided for the reader's benefit in
becoming familiar with the legal matters discussed.  Your
particular facts may be different from the points above.
You should not rely on the above data without consulting a 
attorney to discuss the specific facts of your case
and the law of your state.
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last update 1-01-2003

FAMILY AND MEDICAL LEAVE ACT BENEFITS

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