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

The Family and Medical Leave Act (FMLA) is a federal law that provides certain employees with the right to take up to 12 weeks of unpaid, job-protected leave each year for a variety of reasons. This includes time off for the birth or adoption of a child, or to care for a family member with a serious health condition. In order to qualify for FMLA leave, an employee must meet certain eligibility criteria which includes: - Working for an employer with at least 50 employees within a 75-mile radius of the worksite, - Working for their employer for at least 1,250 hours the previous 12-month period, and - Having worked at least 12 months for their employer in total. In Virginia, employees who meet these requirements can take up to 12 weeks of unpaid, job-protected leave for various reasons, including to care for an immediate family member, a spouse, or a child with a serious health condition, or to take care of a qualifying exigency arising from the fact that a family member is on active duty or has been called to duty in the armed forces. Employees also have the right to take up to 26 weeks of leave in a single year to care for a service member with a serious health condition. The FMLA in Virginia also provides additional protections. For example, employees may take their leave intermittently or on a reduced schedule if medically necessary. In addition, employers must maintain their employees’ healthcare benefits while they are on leave, and are not allowed to interfere with, deny, or deny of any employee’s FMLA rights.

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