Covered employees are eligible for FMLA leave if they have worked for their employer for at least 12 months, at least 1,250 hours over the past 12 months, and work at a location where the company employs at least 50 or more employees within 75 miles.  Employees who are eligible for leave under the FMLA may take leave for:

• their own serious health condition;
• the serious health condition of a spouse, child or parent;
• the birth and care of a newborn child; or
• the placement of an adopted or foster son or daughter.

After the leave period is over, the employee must normally be reinstated to the same or equivalent position and must maintain all health plan benefits while the employee is on FMLA leave.  All benefits lapsed while on leave must be restored upon the employee’s return.

It is unlawful for an employer to interfere with, restrain or deny an employee’s exercise of, or attempt to exercise any right under the FMLA.  The FMLA also prohibits retaliation in that an employer may not discharge or otherwise discriminate against an employee for exercising their rights under the FMLA.

If you believe your rights under the FMLA are being, or have been violated, please contact the law firm of Henrichsen Siegel, P.L.L.C. for a consultation.