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Family & Medical Leave

Family & Medical Leave

The Family and Medical Leave Act, or FMLA, requires covered employers to provide eligible employees with up to 12 weeks of unpaid leave to treat a serious health condition for themselves, to care for an immediate family member with a serious health condition, for the birth or adoption of a child, or to care for a newborn or adopted child. At Clark & Krevsky, we protect the rights of employees throughout Pennsylvania on FMLA leave issues. Whether your job is in jeopardy after taking leave for medical reasons or an employer is refusing to grant you unpaid leave, we can help you understand and pursue your rights and options. In many instances, forms of paid leave (e.g. accrued vacation, worker's compensation, disability insurance) can apply during periods of unpaid FMLA leave.

The Family and Medical Leave Act is a federal statute that protects employees who take a leave of absence to care for themselves or an immediate family member for medical reasons, including sickness, pregnancy, childbirth, and adoption. While Pennsylvania has no similar statute to protect workers, many workers in the state are protected by FMLA. Here are some important features of FMLA that apply to employers with over 75 employees:

  • What Employees are Eligible: The FMLA protects employees who have been working for a covered employer for at least a year and have worked at least 1,250 hours in the past twelve months.
  • What is a Covered Employer: A covered employer, generally speaking, employs 75 or more employees each working day during each of 20 or more calendar workweeks in the current or preceding calendar year.
  • What Does and Eligible Employee Get: The FMLA provides an eligible employee up to twelve weeks of unpaid job-protected leave, and assurances of retaining the same or an equivalent position upon return from leave. The FMLA contains a provision protecting employees from retaliation and ensuring that employers do not take steps to interfere with an employee's right to FMLA leave.

FMLA Protecting Military Families and Service Members

The Family and Medical Leave Act was recently amended to provide members of the military and their families certain benefits. If your son, daughter, spouse, or parent is on active duty or has been notified of impending call or order to active service, you can take up to twelve weeks time off to help them. You could be granted as many as 26 weeks of leave to care for a service member who has undergone medical treatment, recuperation, therapy, or has suffered a temporary disability.

Contact Us

If you believe that you may be eligible for benefits under the Family and Medical Leave Act or suffered retaliation for exercising those rights, our employment lawyers can assess your claim and help you understand your options. Located in Harrisburg, our offices offer free parking and we represent clients across Pennsylvania. Call 717-303-3764 or contact us online today to schedule a consultation.