Small Business Law and Litigation Glossary Terms

(FMLA) is a federal law that allows eligible employees up to 12 weeks of unpaid medical leave with continued medical benefits and restoration of their original position when they return. Employers and employees both have specific rights and responsibilities during an FMLA-qualifying leave. Employers who must offer FMLA are all federal, state, and local governments and agencies (including public and private schools) and private employers with 50 or more employees for 20 weeks per calendar year. Employees are eligible if they have worked for the same employer for the previous 12 months and have worked at least 1,250 hours during that time. Leave is granted to employees who can provide medical documentation to support that the leave is needed due to the birth or adoption of a child, the employee’s serious health condition, or the serious health condition of the employee’s immediate family members.