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Family and Medical Leave Act (FMLA)

The federal Family and Medical Leave Act (FMLA) requires certain covered establishments to provide up to 12 (or 26) weeks of unpaid, job-protected leave per year to eligible employees who need leave for certain qualifying reasons.

The FMLA provides for several other employee entitlements, including the following:

  • The use of accrued paid leave benefits for any portion of the covered leave taken,
  • The maintenance of group health insurance benefits for employees on FMLA leave on the same terms as coverage would have been provided if the employees were working, and
  • Upon return from FMLA leave, restoration to the same (or an equivalent) job.

Employers are generally prohibited from interfering with employee FMLA rights and from retaliating against employees for exercising those rights.

All covered employers are to post the FMLA general notice (poster), entitled “Employee Rights Under the Family and Medical Leave Act.” This is to be posted in a location where all employees and job applicants can clearly see it.