Home Veterans Employment and EducationUnderstanding and Defining DisabilityDisability Law - Family and Medical Leave Act (FMLA)

3.7. Disability Law - Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act (FMLA) grants qualified employees[1] a total of 12 work weeks of unpaid (and, if necessary, intermittent) leave during a 12-month period[2] for health-related reasons, including ongoing medical treatments and doctor's appointments, childbirth, family illness, or personal health reasons that preclude handling the job's duties.  In most cases, the employee is guaranteed return to work in the same or comparable position.  FMLA is enforced by the Department of Labor and applies to private employers with 50 or more employees within a 75-mile radius, state and local governments, and most federal employees.

[1] To be eligible for FMLA benefits, an employee must:  (1) work for a covered employer; (2) have worked for the employer for a total of 12 months; (3) have worked at least 1,250 hours over the previous 12 months; and (4) work at a location in the United States or in any territory or possession of the United States where at least 50 employees are employed by the employer within 75 miles.

[2] An employer has the right to require an employee to run FMLA leave concurrent with paid leave.

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