Family Medical Leave

Prior to 1993, an employee that needed to take off work because of injury or illness – for themselves or a child or husband – had no legal recourse if he or she was terminated.  As a result Congress passed the Family & Medical Leave Act, which allows an employee to take off work up to twelve (12) weeks for their own serious illness or injury, or to take care of a spouse, child or parent that was suffering from a serious injury or illness.  It is important to note that the time taken off can occur all at once, or intermittently, (as dictated by the doctor’s requirements).  Thus, if an employee takes off work for less than twelve (12) weeks for any such serious-health condition, an employer cannot terminate or replace that person during this time period for having missed this time.  (Note: Employers with less than 50 employees, (within the 75 mile radius where the person is employed) are exempt from these laws).