The Family and Medical Leave Act (FMLA) is a federal statute that applies to employees who need to take time from work for certain medical or family reasons, including to care for a sick family member, or for pregnancy, adoption, or child birth. The FMLA allows the employee to take leave and to return to your job after the leave of absence. In addition, the FMLA provides family leave for military service members and their families if the leave is related to that service member’s military obligations. For the FMLA to apply, the employer must have at least 50 employees, the employee must have worked for the employer for at least 12 months, and the employee must have worked 1,250 hours in the 12 months immediately preceding the need for leave.

Claims can arise when an employee is denied leave or retaliated against for trying to take leave. For example, it is unlawful under the FMLA for an employer to denying or discourage an employee from taking FMLA-qualifying leave. In addition, it is unlawful for an employer to fire an employee or cancel his medical insurance because he took FMLA leave. The employer must reinstate the employee to the position he held when leave began and cannot demote the employee or transfer them to another location. Furthermore, it is unlawful for an employer to fail to notify an employee in writing of his or her FMLA leave rights, especially when the employer is aware that the employee has a urgent need for the family or medical leave.

If the employer violates the FMLA, an employee may be entitled to recover any economic loss suffered, including lost pay and the value of lost benefits and out-of-pocket expenses. That amount is doubled if the court or jury finds that the employer acted in bad faith and unreasonably. In addition, an employee may be entitled to reinstatement to his former position and attorney’s fees and costs.

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