FAMILY and MEDICAL LEAVE

The United States Congress enacted the federal family and medical leave act ("FMLA") on February 5, 1993. The purpose of the FMLA was to balance work and family life by allowing employees to take unpaid leave for certain periods of time for specific medical and family related reasons.

Under federal law, eligible employees are allowed to take up to 12 weeks of unpaid medical leave with continued medical benefits and restoration of their original position upon return. Employees may take leave for the birth or adoption of a child, or to care for a serious health condition that affects the employee, a child, parent, or spouse. This includes, but is not limited to, heart attacks, strokes, appendicitis, severe arthritis, and complications from other medical procedures. The FMLA also allows FMLA leave for one's own pregnancy.

An employee is eligible under FMLA when they:

• Have worked for the same employer for the previous 12 months
• Have worked at least 1250 hours in the previous 12 months; and
• Are employed by a "covered" employer, which is:
  • All federal, state, and local governments and agencies
  • Private employers with 50 or more employees for 20 weeks in the calendar year and engaged in interstate commerce.

In addition to continuous leave, employees may take intermittent and reduced schedule of hours leaves. However, employers may require employees to utilize sick leave and vacation leave before FMLA leave.

Damages available under the FMLA include lost wages, benefits, emotional distress damages, attorneys' fees, expert witness fees, and costs. Moreover, the FMLA specifically allows the recovery of liquidated damages in an amount equal to other losses as a penalty to any employer violating the FMLA.

Employees pursuing rights under the FMLA may either file complaints with the U.S. Deptartment of Labor or file a private lawsuit directly in Court. The employee must file the lawsuit within two years of the violation, a period not stayed by the Deptartment of Labor's investigation.

The FMLA recently was amended significantly, and the changes went into effect on January 1, 2009. All employees and employers should be aware of the new law to ensure compliance with the Act.

FOR EMPLOYEES: If you believe you have a claim under the FMLA or have any concerns related to a leave of absence that may affect your job, please contact me at 215-545-8917 to discuss your situation.

FOR EMPLOYERS: If an employee or former employee filed a claim against you under the FMLA, or you are seeking advice and the implementation of policies and procedures to ensure compliance with the FMLA, please contact me at 215-545-8917 to discuss your situation.

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