The Federal Family and Medical Leave Act (FMLA), 29 U.S.C. Section 2601 et. seq., grants covered employees the right to an unpaid leave of absence of up to 12 weeks in a 12 month period for the birth and care of the newborn child of the employee; for placement with the employee of a son or daughter for adoption or foster care; to care for an immediate family member (spouse, child, or parent) with a serious health condition; or to take medical leave when the employee is unable to work because of a serious health condition.

In 2008, the President signed into law, the National Defense Authorization Act. Section 585 of the Act, amends the FMLA to permit a spouse, son, daughter, parent, or next of kin to take up to 26 work weeks of leave to care for a member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medial treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retires list, for a serious injury or illness.

An employee is covered under the FMLA if his/her company has more than 50 employees and the employee has worked for that company for more than 1 year. Employers are not allowed to terminate an employee while he or she is off on a FMLA leave. And the employer is required to return the employee to the same job or a comparable job when he or she returns from the leave. If you have an FMLA discrimination matter you would like to discuss, call and speak to a lawyer at the Law Offices of Andrew S. Alitowski.

See the FMLA Employee Rights and Responsibilities website for additional information. http://www.dol.gov/esa/whd/regs/compliance/posters/fmlaen.pdf

If at your workplace you feel you are being discriminated against based on an FMLA discrimination matter, please call the Law Offices of Andrew S. Alitowski at 888-ASK-ANDREW (275-2637). We are available 24 hours a day, 7 days a week to answer any questions you may have.

If you are injured…Ask Andrew!!!