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

The Family and Medical Leave Act (FMLA) is a federal labor law that provides certain rights to North Dakota employees. FMLA guarantees that employees may take up to 12 weeks of unpaid leave during a 12-month period for certain family and medical reasons, such as the birth of a child or to care for a family member who is seriously ill. Upon return from FMLA leave, employees are entitled to return to their former job or an equivalent job with equivalent pay, benefits, and other terms and conditions of employment. FMLA applies to employers with 50 or more employees during 20 or more workweeks in the current or previous calendar year, including public agencies and local schools, regardless of the number of employees employed. FMLA also applies to public and private elementary and secondary schools regardless of the number of employees employed. To be eligible an employee must have worked at least 12 months for the employer, completing at least 1,250 hours of service during the 12-month period prior to the start of the leave. Furthermore, the employee must work at a location where the employer employs at least 50 employees within 75 miles. Employers must notify employees of their FMLA rights either by displaying a poster about FMLA in the workplace or by providing a copy of the employee’s rights and responsibilities notice. Employers must provide eligible employees taking FMLA leave with the same or equivalent job upon completion of the leave and must maintain healthcare coverage for the employee during the leave.

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