Rachel A. Compton, P.A.

The Family Medical Leave Act (FMLA) was passed in 1993 to help provide job security to employees who need leave due to family emergencies. Eligible employees are guaranteed job protection for twelve (12) weeks of unpaid leave time. There are specific eligibiity rules, as well as, procedures an employee must take in order to use FMLA. The most common types of claims arising under the FMLA including being terminated for taking FMLA, retaliaton upon when you return, being fired before your return date, and not being informed of your right to take FMLA. If you would like to learn more about your rights under the FMLA,                                 please contact me.


Eligibility Requirements:

      (1)To be eligible for FMLA leave an employee must have worked for the employer for at least 12 months and for at least 1,250
      hours of services during the previous 12-month period.
      (2)The employer must employ at least 50 employees at any location within 75 miles of where the employee needing FMLA
      works.

FMLA Leave entitles an employee to a total of 12 work-weeks of unpaid leave during any 12 month period for one or more of the following:

     (1) The birth of a son or daughter of the employee and in order to care for the newborn son or daughter;
     (2) The placement of a son or daughter with the employee for adoption or foster care;
     (3) The employee must need the leave for to care a parent, child or spouse with a serious health condition;
     (4) The employee because of a serious health condition is unable to perform the functions of his or her employment position.
        (a) A serious health condition is considered an illness, injury, impairment or physical or mental condition that involves either
          inpatient care in a hospital, hospice, or residential medical care facility; or continuing treatment by a health care provider.

Notice Requirement: An employee is required to give an employer notice for FORESEEABLE leave needs.

     (1) If the need for leave is due to the birth or adoption of a child the employee is required to provide the employer with no less
          than 30 days notice before the leave is to begin, or the employee's intention to take leave for those reasons, if the
          date of the birth or placement requires leave to begin in less than 30 days then the employee must provide REASONABLE
          NOTICE.
     (2) If the need for leave is a result of the need for treatment of a serious health condition of either the employee, a parent, child
          or spouse and is FORESEEABLE, the employee
     (3) Must make a reasonable effort to schedule the treatment so as not to disrupt the employers business operations, subject
          to the approval of the healthcare provider of the employee, parent, child or spouse, as is appropriate; and
     (4) Must provide the employer with not less than 30 days notice before the date the leave is to begin, or the employee's
          intention to take leave, unless the treatment requires leave to begin in less than 30 days then the employee must provide
          REASONABLE NOTICE.

Certification: An employer may require that a request for leave be supported by a certification signed by the health care provider of the employee or the health care provider of the employee's parent, spouse or child. The certification must be provided in a timely manner to the employer.