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

The Family and Medical Leave Act (FMLA) is a federal law that allows eligible employees to take up to 12 weeks of job-protected, unpaid leave in a 12-month period for certain family and medical reasons. The FMLA is applicable in all 50 states, including Florida, and can provide support for employees dealing with life-altering events. The FMLA applies to all public employers and any private employer with 50 or more employees in the same area. Eligible employees are those who have worked for the employer for at least 12 months, have worked at least 1,250 hours in the preceding 12 months, and work at a location where the company has at least 50 employees. Under the FMLA, an eligible employee may take up to 12 weeks of unpaid leave for specific reasons, such as birth or adoption of a child, serious illness of the employee or an immediate family member, or any qualifying exigency arising out of the active duty of a covered military family member. In addition, the FMLA allows up to 26 weeks of unpaid leave in a single 12-month period to care for a covered service member with a serious injury or illness. Upon returning to their job, employees are entitled to the same or an equivalent job with the same benefits, pay and other terms and conditions of employment. If an employee’s position is eliminated while they are on leave, employers must make reasonable efforts to place the employee into any appropriate available position.

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