FMLA Lawyers in Los Angeles

What is the FMLA?

The Family and Medical Leave Act (FMLA) is the piece of federal law which provides employees with the right to take job protected unpaid leave for any of the following reasons.

• To take care of a serious health issue that prevents an employee from performing the necessary functions of their employment
• To take care of a family member who is suffering from a serious health issue
• The birth of a child with time to take care of the newborn
• To spend time with an adopted or fostered child within the first year of placement
• Any qualified emergency need that is the result of being next of kin to an active military member

It is important to note that the conditions outlined in the FMLA require eligible employers with 50 or more employees to maintain group health insurance coverage for the employee while on leave. Eligible employees may take up to 12 work weeks off in a 12-month period.

In the event of a “serious health condition,” an employee must notify their employer that they require time off to attend to a condition that prevents them from being able to work. The employer may request, in writing, evidence produced by a doctor that identifies the severity of the condition and the expected time off.  Under the FMLA, the employer is allowed to request a second opinion, however they must pay for it.

In the event of a child being born, adopted, or fostered, both parents are entitled to time off to care for the baby. In addition to the regular right protected by the FMLA, members of the US military are provided with some additional benefits. Active members of the US armed forces and veterans have increased protections to cover any long-lasting effects of service and military caregivers are given 26 work weeks to attend to the needs of vets in their care.