The Family and Medical Leave Act (FMLA) is a federal law allowing an employee to take unpaid leave due to illness or to care for a sick family member. This Act recognizes the growing needs of balancing family and work obligations and promises numerous protections to workers. Basically, the Act ensures that protected workers are able to take extended leaves of absence from work to handle family issues or illness without fear of being terminated from their jobs by their employers or being forced into a lower job upon their return.

• Covered employers must grant an eligible employee up to a total of 12 weeks worth of unpaid leave during any 12-month period to care for yourself or an immediate family member (spouse, child or parent) with a serious health condition. The Act also covers child birth.
• At the end of the leave, when the employee returns to work, the employee must be restored to the same position. If that same position is unavailable, the employer must provide the worker with a position that is substantially equal in pay, benefits and responsibility.
• The employee's benefits are protected in that they are to continue even while the employee is on leave. And upon returning to work, an employee is entitled to reinstatement to all benefits that the employee was receiving before going on leave.
• Protection of the employee to not have their rights under the Act denied or interfered with by an employer is granted by the Family and Medical Leave Act (FMLA).
• An employee is protected from retaliation by an employer for exercising his or her rights granted under the Family and Medical Leave Act (FMLA).

The Family and Medical Leave Act (FMLA) exists to protect you when you are at your most vulnerable; when you need to take family or medical leave. You need to have a knowledgeable lawyer who can help you determine that your rights are not being violated. We urge you to know your rights under the law. The Ottinger Firm has handled cases of and is familiar with all aspects of the Family and Medical Leave Act of 1993 (FMLA). We are ready and eager to help you. Contact our law office for a case evaluation.

Please see below for more information about The Family and Medical Leave Act.