The Family Medical Leave Act (FMLA) is a federal law requiring employers with 50 or more employees to provide job-protected leaves to employees who:

• have a serious health condition that prevents them from working;
• have a parent, child, or spouse with a serious health condition;
• have a newly born, adopted, or foster child;
• have a parent, child, or spouse who is going on active military duty; or
• have a parent, child, or spouse who is seriously injured while on active military duty.

Depending on the medical need, FMLA leave can be consecutive, intermittent, or on a reduced schedule.  Employees on FMLA leave are entitled to be reinstated into their old job or an equivalent position.  In addition, a number of states, including California, have their own family leave laws.

Employers:     It takes only one confused or misinformed supervisor to cost your organization tens of thousands of dollars in an FMLA lawsuit.  Our Managing Within the Law II course teaches managers what they need to know about FMLA and state family leave laws.

Below you will find our answered Ask the Lawyer questions and eNews articles, grouped under FAQ categories.

FAQs

• What are employee rights under Family & Medical Leave Act
• What are manager rights under Family & Medical Leave Act
• What are rights under state family leave laws?
• What are leave rights for military families?

Stop Costly Lawsuits

• Managing Within the Law II, for all managers and supervisors

---

FAQs

What are employee rights under Family & Medical Leave Act?

• Do phone calls count as FMLA leave?
• Fed Study Finds Family Medical Leave Law Doesn't Help in Cases of Chronic Disease
• What kinds of paid leave can be used for FMLA?
• Worker Rights When the Lights Go Out
• What are rights to health benefits after termination?
• Does FMLA cover bereavement leave?
• Can they fire him for being temporarily disabled?
• Can you get fired because you're looking for another job?
• Can employees use FMLA leave for elective surgeries?
• What are the rules about health benefits when employees are on FMLA leave?
• How NOT to Comply with the FMLA?
• They said I couldn't have FMLA Leave? What do I do?
• Can you be fired for reporting FMLA violations?
• Employees now winning claims under ADA, FMLA
• FMLA Expanded Again
• Is my employer allowed to tell others I was on disability?
• Your Legal Check Up for H1N1 Flu
• Can my employer ask for my surgeon's notes?
• Can I be fired for taking a week off to go to detox?

What are manager rights under Family & Medical Leave Act?

• Can I consider FMLA time when evaluating candidates for promotion?
• If person on FMLA leave works full work week, when will she run out of leave time?
• Employees on FMLA charging us for commute time - what can we do?
• Prevent Lawsuits for Harassment and Discrimination based on Family Responsibility
• When must an employee bring a doctor's note?
• Employee refuses to go on FMLA - what should we do?
• We fired FMLA employee for absenteeism -- is that OK?
• How should an Employee Ask for FMLA Leave?
• Manager is out sick a lot - can we fire him?
• Can we require employee to give a reason for PTO?
• Is it legal to fire a person on authorized maternity leave and replace her with a new hire?

What are rights under state family leave laws?

• New California law on family leave
• What should we do about negative sick leave balances?
• California Employers Required to Grant Sick Leave for Domestic Partners

What are leave rights for military families?

• New FMLA regulations expand rights for military families

Back to Top
Still have questions about FMLA Issues? Ask the Lawyer!