The Family and Medical Leave Act provides certain employees with up to 12 weeks of unpaid, job-protected leave per year.
It also requires that their group health benefits be maintained during the leave.
FMLA helps employees balance their work and family responsibilities by allowing them to take reasonable unpaid leave for certain family and medical reasons. FMLA accommodates the legitimate interests of employers and promotes equal employment opportunity for men and women.
FMLA applies to all public agencies, including state, local and federal employers, local education agencies), and private-sector employers who employed 50 or more employees in 20 or more workweeks in the current or preceding calendar year, including joint employers and successors of covered employers.
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An employer is prohibited from:
- Interfering with, restraining, or denying the exercise of, or the attempt to exercise, any FMLA right.
- Discriminating against or retaliating against an employee or prospective employee for having exercised or attempted to exercise any FMLA right.
- Discharging or in any other way discriminating against any person, whether an employee, for opposing or complaining about any unlawful practice under the FMLA.
Examples of prohibited employer conduct include:
- Refusing to authorize FMLA leave for an eligible employee.
- Discouraging an employee from using FMLA leave.
- Manipulating an employee’s work hours to avoid responsibilities under the FMLA.
- Using an employee’s request for or use of FMLA leave as a negative factor in employment actions, such as hiring, promotions, or disciplinary actions.
- Counting FMLA leave under “no fault” attendance policies.
Any violations of the FMLA or the Department’s regulations constitute interfering with, restraining, or denying the exercise of rights provided by the FMLA.
FMLA applies to all public agencies, including state, local and federal employers, local education agencies (schools), and private-sector employers who employed 50 or more employees in 20 or more workweeks in the current or preceding calendar year, including joint employers and successors of covered employers.