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

The Family and Medical Leave Act, or FMLA, is a federal law that guarantees certain employees up to 12 weeks of unpaid, job-protected leave each year for certain family and medical reasons. This applies to employees who have worked for their employer for at least 12 months and who have worked at least 1,250 hours during the 12-month period preceding the leave. FMLA also requires employers to provide extended health coverage during the leave period. In West Virginia, state law supplements the FMLA for state employees, offering additional benefits such as paid and unpaid leave. Private employers must comply with the provisions of the Federal FMLA or provide equivalent benefits. Under the FMLA, eligible employees may take leave to care for their own serious health condition, a family member’s serious health condition, the birth of a child, and the adoption or foster care of a child. Employees may also take military family leave, including a period of leave to care for a family member injured during active duty, as well as a period of leave for the traditional military duty of any parent, spouse, or child. The FMLA ensures that employees don’t have to choose between family obligations and work. It gives employees an opportunity to take care of themselves and their families while keeping their jobs and job security.

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