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The Family and Medical Leave Act

On Behalf of | Aug 18, 2021 | Employment

Residents and businesses in San Jose and other areas of California may want to learn more about the circumstances that are covered by the Family and Medical Leave Act (FMLA). This important federal law allows employees to take an extended leave from work. There are certain situations that qualify for this type of leave.

What are the allowable situations?

They include the following:

  • The birth or adoption of a child
  • Caring for a qualifying sick family member
  • Your own illness
  • Military caregiving or another emergency that relates to the active duty service of a family member

This leave is unpaid. It guarantees leave by law and is available for workers in companies that have 50 or more employees. You might want to contact the U.S. Department of Labor’s Wage and Hour Division if you feel that there has been a violation of your rights.

What are employees entitled to under this law?

Employees may take unpaid but job-protected leave for specified family and medical reasons. Continuation of group health insurance coverage is part of this important federal law.

An employee who is eligible for coverage under the Family and Medical Leave Act may take 12 work weeks of leave in a 12-month period. However, for those caring for a covered military member on “covered active duty,” they may take 26 work weeks of leave during a 12-month period. This is for a covered servicemember. It applies if the eligible employee is the servicemember’s spouse, son, daughter, parent, or next of kin (military caregiver leave).