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

The Family and Medical Leave Act (FMLA) is a federal law that allows certain employees to take up to 12 weeks of unpaid leave for family and medical reasons. This law applies to all fifty states, including North Carolina. It also applies to certain public agencies and local education agencies. The FMLA allows employees to take leave for the birth or adoption of a child, for serious health conditions, or to care for a family member with a serious health condition. Employees can also take up to 12 weeks of unpaid leave to care for a family member who is serving in the armed forces. In North Carolina, the FMLA covers employers with 50 or more employees working within a 75-mile radius. Eligible employees must have worked for the employer for at least 12 months and at least 1,250 hours in the 12-month period prior to taking FMLA leave. Employees who take FMLA leave are entitled to have their job protected–meaning the employee cannot be fired while on leave. Upon returning to work, the employee is entitled to be returned to the same or an equivalent job as before they took the leave. The FMLA also requires employers to continue health benefits according to the same terms as if the employee had not taken the leave. In North Carolina, employers must comply with the federal FMLA regulations as well as state laws for family and medical leave. Employers who violate the FMLA can face various penalties, such as back pay, injunctions, compensatory damages, and attorney fees.

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