Family Medical Leave Act (FMLA) Archives

Family and Medical Leave law now covers gay marriage

08/17/202007/23/2015 by Report from Counsel

The federal Family and Medical Leave Act (“FMLA”) allows many employees to take up to 12 weeks of unpaid leave to care for a spouse who has a serious medical condition. Recently, the U.S. Department of Labor approved a new rule saying that this includes spouses in same-sex marriages. According to the Department of Labor, … Read more

Employers Combat FMLA Abuse

08/17/202003/24/2013 by Report from Counsel

The federal Family and Medical Leave Act (FMLA) gives eligible employees the right to up to 12 weeks of leave per year, which may be taken intermittently for certain specified reasons, including the care of designated family members with serious health conditions.

"Hours of Service" Under The FMLA

08/17/202010/31/2007 by Report from Counsel

To be eligible for leave under the federal Family and Medical Leave Act (FMLA), an employee must have been employed by the employer for the preceding 12 months, and the employee must have put in at least 1,250 “hours of service” during that time. Neither the FMLA nor the Fair Labor Standards Act (FLSA) defines “hours of service.”When a hospital determined that a nurse it employed was about seven hours short of the 1,250 hours threshold, and therefore denied the nurse FMLA leave in connection with her surgery for carpal tunnel syndrome, the circumstances required a federal appellate court to construe the proper meaning of “hours of service.”