State Family Leave

The Family Medical Leave Act (FMLA) was created to enable employees to take up to 12 weeks of unpaid time off for medical reasons. This may include caring for you, an ill family member, or newborn baby. All employees must give their employer at least 30 days notice if the reason for leaving is "foreseeable." Proof of the serious health condition as medical certification may be asked to be furnished by the employee requesting the leave. The employer may choose to pay to get a second or third opinion of the illness and a fitness for duty report as the employee returns to work. Upon your return, your employer must re-employ in the same position you had upon leaving or one with the same wages, benefits, and terms.

Fast Facts

  • All public employers or private employers having 50 or more employees within a 75-mile radius of the company must comply with the FMLA rules.
  • In 2008, President Bush approved the National Defense Authorization Act which upon signing, established new military FMLA rules allowing leave protection to family members of U.S. soldiers.
  • Even if an employee has no paid time off accrued, he/she may still be eligible to take a protected, unpaid absence under the FLMA rules.

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