What are the rules around FMLA?
The Family and Medical Leave Act (FMLA) provides certain employees with up to 12 weeks of unpaid, job-protected leave per year. It also requires that their group health benefits be maintained during the leave.
FMLA is designed to help employees balance their work and family responsibilities by allowing them to take reasonable unpaid leave for certain family and medical reasons. It also seeks to accommodate the legitimate interests of employers and promote equal employment opportunity for men and women.
FMLA applies to all public agencies, all public and private elementary and secondary schools, and companies with 50 or more employees. These employers must provide an eligible employee with up to 12 weeks of unpaid leave each year for any of the following reasons:
- Birth and care of a newborn child
- Placement of a child for adoption or foster care
- Care for an immediate family member with a serious health condition
- Medical leave for the employee’s own serious health condition
Employees are eligible for leave if they have worked for their employer at least 12 months, at least 1,250 hours over the past 12 months, and work at a location where the company employs 50 or more employees within 75 miles. Whether an employee has worked the minimum 1,250 hours of service is determined according to FLSA principles for determining compensable hours of work.
Time taken off work due to pregnancy complications can be counted against the 12 weeks of family and medical leave.
Military family leave provisions, first added to the FMLA in 2008, afford FMLA protections specific to the needs of military families. Special rules apply to employees of local education agencies. The U.S. Department of Labor administers FMLA; however, the Office of Personnel Management administers FMLA for most federal employees.
Compliance Assistance: Family and Medical Leave Act (FMLA)
29 CFR Part 825 – The Family and Medical Leave Act Employee Leave Entitlements – Reduced or intermittent leave to care for parent, other family member, or servicemember.
Can an employer deny FMLA in Massachusetts?
If you are unable to find the information you are looking for, or if you have a specific question, please contact our law librarians for assistance.
Federal Family and Medical Leave Act, U.S. Dept. of Labor.
The best place to start for information on the Family and Medical Leave Act (FMLA). Includes forms, guidance, and other resources.
Mass. Department of Family and Medical Leave
For everything you need to know about the state program, included the state tax and benefits, this is the place to start.
Significant change to Massachusetts PFML, JDSupra, November 2023.
Recent amendments to the law “now allow employees to use accrued paid leave, such as sick time, vacation time and personal days, to supplement PFML benefits at any time during leave.”
MGL c. 175M Paid family medical leave (PFML)
Establishes a system for paid family leave of up to 12 weeks to care for a family member, and up to 20 weeks for your own illness. The tax that pays for it began in 2019 with leave available beginning in 2021.
458 CMR Department of Family and Medical Leave
830 CMR 175M Family and medical leave
29 USC §§ 2601 et seq. Federal Family and Medical Leave Act (FMLA)
29 CFR 825 Family and Medical Leave Act
DaPrato v. MWRA, 482 Mass. 375 (2019)
“The central claim in this case is that the MWRA terminated DaPrato in retaliation for his exercise of his right to take medical leave under the FMLA. In relevant part, the FMLA provides that ‘[i]t shall be unlawful for any employer to interfere with, restrain, or deny the exercise of or the attempt to exercise, any right provided under this subchapter.’ 29 U.S.C. § 2615(a)(1). It also states that an employer may not ‘discharge or in any other manner discriminate against any individual for opposing any practice made unlawful by this subchapter.’ 29 U.S.C. § 2615(a)(2). A regulation issued by the Department of Labor further states that the FMLA’s ‘prohibition against interference prohibits an employer from discriminating or retaliating against an employee . . . for having exercised or attempted to exercise FMLA rights,’ and in particular explains that ’employers cannot use the taking of FMLA leave as a negative factor in employment actions…'”
Appealing a denied paid family or medical leave claim, Mass. Dept. of Family and Medical Leave.
Was your claim for Paid Family or Medical Leave (PFML) benefits denied? Learn how to request an appeal.
FAQs for employees about topping off PFML benefits, Mass. Dept. of Family and Medical Leave.
Information for employees on using accrued paid time off to supplement PFML benefits, effective November 1, 2023.
How other leave and benefits can affect your Paid Family and Medical Leave, Mass. Dept. of Paid Family and Medical Leave.
Details the impact of different types of leave on PFML benefits.
Paid Family and Medical Leave benefits for employees, Mass. Dept. of Family and Medical Leave.
Information on paid family and medical leave for workers, including frequently asked questions.
FAQs for employers about topping off PF.
Who is eligible for FMLA in NC?
Am I eligible under the FMLA? You are eligible if you have worked for at least one year and you have worked at least 1,250 hours within the last year at a business with 50 or more employees or at a public agency, including schools.
What is the FMLA in Michigan?
This overview has been summarized from the Family Medical Leave Act, the applicable regulations as published in the Code of Federal Regulations, and, in some parts, from educational materials prepared by Miller, Canfield, Paddock and Stone, P.L.C., Labor and Employment Law Practice Group, 150 West Jefferson, Suite 2500, Detroit, Michigan 48226. The information as presented should not be considered or relied upon as legal advice. Further questions regarding application of the Act to a specific municipality should be referred to legal counsel for the municipality.
Significant changes to the Family Medical Leave Act (FMLA) have been adopted requiring immediate compliance action. The U.S. Department of Labor (DOL) is the enforcement agency for the FMLA and its website is extremely helpful. You may also want to attend the League’s comprehensive workshop. Following is summary information and important links related to the FMLA.
- FMLA Rights
- FMLA Protections
- Covered Employer
- Covered Employee (Non-military related leave)
- Military Personnel and Families
- Who Qualifies
- FMLA Leave to Care for a Service Member
- FMLA Leave for Qualifying Exigencies
- New Forms
- Employer Responsibility to Notify
The FMLA provides eligible employees up to twelve (12) weeks of unpaid, job-protected leave in a 12 month period. FMLA now also allows up to 26 weeks of leave within a 12 month period for an employee to care for a covered military service member with a serious illness or injury. In some cases, the FMLA allows an employee to take intermittent leave or to work a reduced schedule for a limited time period.
Employers may require non-union employees to substitute accrued paid leave for any or all of a FMLA leave (unionized workplaces must bargain this.) Further, the employer may designate a leave that qualifies as both FMLA and another type of leave under the employer’s paid benefit plan as running concurrently (i.e. disability leave, worker’s compensation.) Where the employer and employee agree, the employer may also require employees to coordinate compensatory time off with FMLA leave. Note, employers may freely substitute cash for compensatory time, and employees retain the right to request the cash-out at any time.
The employer must continue to provide health benefits under any group health plan (which may include dental) as if the leave had not been taken. The employee must continue to pay their portion of the premium(s) if normally required, and the employer may recoup the cost of premiums paid on the employee’s behalf if the employee fails to return after FMLA leave for circumstances outside their control. An employer must also continue other benefits, including unconditional pay increases that otherwise would occur while the employee is on FMLA if there is an established policy that provides such benefits to employees who are on other forms of paid or unpaid leave.
The FMLA requires that, upon return from FMLA leave, an employee is returned to his/her same position or an equivalent position.
What is the longest you can take FMLA?
(Q) What does the Family and Medical leave act provide?
The Family and Medical Leave Act (FMLA) provides eligible employees up to 12 workweeks of unpaid leave a year, and requires group health benefits to be maintained during the leave as if employees continued to work instead of taking leave. Employees are also entitled to return to their same or an equivalent job at the end of their FMLA leave.
The FMLA also provides certain military family leave entitlements. Eligible employees may take FMLA leave for specified reasons related to certain military deployments of their family members. Additionally, they may take up to 26 weeks of FMLA leave in a single 12-month period to care for a covered servicemember with a serious injury or illness.
(Q) What types of businesses/employers does the FMLA apply to?
The FMLA applies to all:
(Q) Who can take FMLA leave?
In order to be eligible to take leave under the FMLA, an employee must:
(Q) Does the time I take off for vacation, sick leave or PTO count toward the 1,250 hours?
The 1,250 hours include only those hours actually worked for the employer. Paid leave and unpaid leave, including FMLA leave, are not included. Special hours of service rules apply to airline flight crew members.
(Q) Is my employer required to pay me when I take FMLA leave?
The FMLA only requires unpaid leave. However, the law permits an employee to elect, or the employer to require the employee, to use accrued paid vacation leave, paid sick or family leave for some or all of the FMLA leave period. An employee must follow the employer’s normal leave rules in order to substitute paid leave. When paid leave is used for an FMLA-covered reason, the leave is FMLA-protected.
(Q) When can an eligible employee use FMLA leave?
A covered employer must grant an eligible employee up to a total of 12 workweeks of unpaid, job-protected leave in a 12 month period for one or more of the following reasons:
The FMLA also allows eligible employees to take up to 26 workweeks of unpaid, job-protected leave in a “single 12-month period” to care for a covered servicemember with a serious injury or illness.
(Q) Are there any restrictions on when an employee can take leave for the birth or adoption of a child?
Leave to bond with a newborn child or for a newly placed adopted or foster child must conclude within 12 months after the birth or placement. The use of intermittent FMLA leave for these purposes is subject to the employer’s approval. If the newly born or newly placed child has a serious health condition, the employee has the right to take FMLA leave to care for the child intermittently, if medically necessary and such leave is not subject to the 12-month limitation.
(Q) When can a parent take leave for a newborn?
Mothers and fathers have the same right to take FMLA leave to bond with a newborn child. A mother can also take FMLA leave for prenatal care, incapacity related to pregnancy, and for her own serious health condition following the birth of a child.
What are the laws around FMLA?
The Family and Medical Leave Act (FMLA) provides certain employees with up to 12 weeks of unpaid, job-protected leave per year. It also requires that their group health benefits be maintained during the leave.
FMLA is designed to help employees balance their work and family responsibilities by allowing them to take reasonable unpaid leave for certain family and medical reasons. It also seeks to accommodate the legitimate interests of employers and promote equal employment opportunity for men and women.
FMLA applies to all public agencies, all public and private elementary and secondary schools, and companies with 50 or more employees. These employers must provide an eligible employee with up to 12 weeks of unpaid leave each year for any of the following reasons:
- For the birth and care of the newborn child of an employee
- For placement with the employee of a child for adoption or foster care
- To care for an immediate family member (spouse, child, or parent) with a serious health condition
- For a serious health condition that makes the employee unable to perform the essential functions of his or her job
Employees are eligible for leave if they have worked for their employer at least 12 months, at least 1,250 hours over the past 12 months, and work at a location where the company employs 50 or more employees within 75 miles. Whether an employee has worked the minimum 1,250 hours of service is determined according to FLSA principles for determining compensable hours of work.
Time taken off work due to pregnancy complications can be counted against the 12 weeks of family and medical leave.
Military family leave provisions, first added to the FMLA in 2008, afford FMLA protections specific to the needs of military families. Special rules apply to employees of local education agencies. The U.S. Department of Labor administers FMLA; however, the Office of Personnel Management administers FMLA for most federal employees.
Compliance Assistance: Family and Medical Leave Act (FMLA)
- Fact Sheet on FMLA – Covers the major requirements of FMLA and updates to the FMLA regulations.
- FMLA Compliance Guide – Summarizes FMLA provisions and regulations and provides answers to the most frequently asked questions.
- elaws FMLA Advisor – The FMLA Advisor provides information about employee eligibility under the law; including valid reasons for leave; employee/employer notification responsibilities; and employee rights and benefits.
- FMLA Poster – All covered employers are required to display and keep displayed a poster prepared by the Department of Labor summarizing the major provisions of the FMLA.
29 CFR Part 825 – The Family and Medical Leave Act
Employee Leave Entitlements – Reduced or intermittent leave to care for parent, other family member or servicemember.
What are the FMLA violations by employers in NJ?
If you are expecting a new child or need to provide care for yourself or a severely ill relative, you may have a qualifying reason to take advantage of the Family Medical Leave Act (FMLA). FMLA is a federal law that allows employees to take unpaid job-protected leave for up to 12 weeks under certain circumstances.
If your employer denies your request for FMLA despite a qualifying reason or retaliates against you for requesting or taking leave, The Law Firm of Morgan Rooks, P.C. can help you take legal action. We represent workers in a variety of employment law matters and can help if you have a claim involving unfair or unlawful treatment related to FMLA leave. Our FMLA attorneys in New Jersey offer each client a personalized experience that takes their unique situation and goals into account.
Contact Our Team at (856) 746-6332 or Online Today! for a Free Consultation with a medical leave attorney near you.
FMLA leave is available to employees under specific circumstances, beginning with their qualified reason for requesting the leave in the first place. A qualified reason puts the “family” and “medical” into the Family Medical Leave Act, and there are currently six reasons that qualify employees for FMLA leave.
FMLA qualified reasons include the following:
- If your reason for requesting FMLA leave doesn’t align with any of these, you may not qualify. If it does and your employer is refusing to permit leave – or has retaliated against you for requesting or taking leave – immediately contact our FMLA attorneys in New Jersey for legal assistance.
Unfortunately, not all employees are eligible for FMLA leave. Eligible employees must have worked for a covered employer for at least 12 months and at least 1,250 hours during the past 12 months. Eligible employees must also be posted at worksites where the company employs 50 or more other employees within a 75-mile radius.
A covered employer is a private-sector company that employed at least 50 employees for 20 or more workweeks in the preceding or current calendar year; covered employers are also government agencies, public schools, and private schools regardless of how many employees they have.
These requirements are in addition to the employee having a qualified reason to take FMLA leave.
Despite these many protections under the FMLA, employers can and do commit violations of the law.
Some common FMLA violations include:
The New Jersey Family Leave Act (NJFLA) offers protections for employees taking leave at the state level. The NJFLA states that eligible employees have the right to take up to 12 weeks of leave every 24 months to care for a family member’s serious medical condition.
Importantly, the NJFLA does not offer time off for an employee to care for their own medical conditions. However, the NJFLA does have a wider definition of “family member” in determining leave.
In addition to children, parents, and spouses, the NJFLA considers the following as qualifying family members for leave:
- Neither the FMLA nor the NJFLA require that family members be biologically related to qualify for leave.
Can an employer deny FMLA in Massachusetts?
If you are unable to find the information you are looking for, or if you have a specific question, please contact our law librarians for assistance.
Federal Family and Medical Leave Act, U.S. Dept. of Labor.
The best place to start for information on the Family and Medical Leave Act (FMLA). Includes forms, guidance, and other resources.
Mass. Department of Family and Medical Leave
For everything you need to know about the state program, included the state tax and benefits, this is the place to start.
Significant change to Massachusetts PFML, JDSupra, November 2023.
Recent amendments to the law “now allow employees to use accrued paid leave, such as sick time, vacation time and personal days, to supplement PFML benefits at any time during leave.”
MGL c. 175M Paid family medical leave (PFML)
Establishes a system for paid family leave of up to 12 weeks to care for a family member, and up to 20 weeks for your own illness. The tax that pays for it began in 2019 with leave available beginning in 2021.
458 CMR Department of Family and Medical Leave
830 CMR 175M Family and medical leave
29 USC §§ 2601 et seq. Federal Family and Medical Leave Act (FMLA)
29 CFR 825 Family and Medical Leave Act
DaPrato v. MWRA, 482 Mass. 375 (2019)
“The central claim in this case is that the MWRA terminated DaPrato in retaliation for his exercise of his right to take medical leave under the FMLA. In relevant part, the FMLA provides that ‘[i]t shall be unlawful for any employer to interfere with, restrain, or deny the exercise of or the attempt to exercise, any right provided under this subchapter.’ 29 U.S.C. § 2615(a)(1). It also states that an employer may not ‘discharge or in any other manner discriminate against any individual for opposing any practice made unlawful by this subchapter.’ 29 U.S.C. § 2615(a)(2). A regulation issued by the Department of Labor further states that the FMLA’s ‘prohibition against interference prohibits an employer from discriminating or retaliating against an employee . . . for having exercised or attempted to exercise FMLA rights,’ and in particular explains that ’employers cannot use the taking of FMLA leave as a negative factor in employment actions…'”
Appealing a denied paid family or medical leave claim, Mass. Dept. of Family and Medical Leave.
Was your claim for Paid Family or Medical Leave (PFML) benefits denied? Learn how to request an appeal.
FAQs for employees about topping off PFML benefits, Mass. Dept. of Family and Medical Leave.
Information for employees on using accrued paid time off to supplement PFML benefits, effective November 1, 2023.
How other leave and benefits can affect your Paid Family and Medical Leave, Mass. Dept. of Paid Family and Medical Leave.
Details the impact of different types of leave on PFML benefits.
Paid Family and Medical Leave benefits for employees, Mass. Dept. of Family and Medical Leave.
Information on paid family and medical leave for workers, including frequently asked questions.
FAQs for employers about topping off PF.