What is the Family and Medical Leave Act (FMLA)?

If you or a loved one develops serious health condition requiring time off from work, the Family and Medical Leave Act prohibits certain employers from discriminating against you because you took time off from work.

Only certain employers are covered by the act. If your employer is private and has less than 50 employees, it is not covered by the FMLA. Otherwise, your employer is likely covered. Government agencies and schools are covered whether or not there are 50 employees.

Provided your employer is covered, you must also have been working at your current place of employment for at least 12 months but those 12 months don't have to be consecutive. In those 12 months, you must have worked at least 1250 hours to be covered by the act. The FMLA does not cover employees who work at a job site where there are less than 50 employees within 75 miles.

The FMLA provides up to 12 weeks of leave for covered employees that work for covered employers. Leave may be taken only if the employee or a spouse, child, or parent has a serious health condition such as something requiring an overnight stay in a hospital, incapacitating conditions, certain chronic conditions, and pregnancy.

More information about FMLA, notice requirements, employer requirements, and medical certification requirements can be found at the Department of Labor Website.

If you have been discriminated against or terminated for taking FMLA leave or should have been afforded such leave, we can help! Contact us at (405) 414-2222 or visit us at 3445 W. Memorial Rd., Suite H, Oklahoma City, OK 73134.