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

The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees with up to twelve weeks of unpaid leave for certain family and medical reasons. This includes serious health conditions, care for a family member with a serious health condition, or the birth and care of a new child. Additionally, the FMLA allows employees to take leave for military deployments of family members. In Delaware, the FMLA applies to employers with 50 or more employees who work within a 75 mile radius. Employees who are eligible for FMLA must have worked for 12 months for the same employer and have worked at least 1,250 hours during the 12 months prior to taking leave. An employee who is eligible for FMLA and who takes approved leave will have job protection and the right to return to the same or an equivalent position with the same pay, benefits, and other employment terms. An employer cannot interfere with, restrain, or deny the exercise of any right given by the FMLA. Additionally, employers must continue to provide employee benefits while on FMLA leave. The Delaware Department of Labor is responsible for enforcing the FMLA in the state. Employees can file a complaint with the Delaware Department of Labor if they believe their employer has violated their rights under the FMLA.

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

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