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

The Family and Medical Leave Act (FMLA) is a federal law that allows employees to take up to 12 weeks of unpaid leave from their job for a serious health condition, to care for a family member with a serious health condition, or to take care of a new baby or adopted child. It also allows employees to take leave to handle certain military-related circumstances, such as to care for a spouse, child, or parent who is on active duty or has been called to active duty. In Louisiana, the FMLA applies to employers with 50 or more employees, who have worked at least 12 months for the employer and worked at least 1,250 hours in the preceding 12-month period. Employees covered under the FMLA are also entitled to reinstatement to their prior position or an equivalent position with the same benefits, pay, and other conditions of employment. Under the FMLA, employers must provide up to 12 weeks of unpaid leave for eligible employees during any 12-month period. Employees must be allowed to take leave for the birth or adoption of a child, to care for a spouse, child or parent with a serious health condition, or for a serious health condition that makes the employee unable to work. Employees are also entitled to take leave to address certain military-related matters, such as caring for a service member who is ill or injured while on active duty. Additionally, employers must provide reasonable notice of the leave and must maintain the employee’s health benefits during the leave period.

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