The Family and Medical Leave Act (FMLA) provides eligible employees up to 12 workweeks of unpaid leave a year, and requires group health benefits to be maintained during the leave as if employees continued to work instead of taking leave.

For any employee who takes FMLA leave, they are guaranteed to have their same or equivalent job at the end of their leave.

The FMLA applies to all public agencies, local agencies, and private sector employers who employ 50 or more employees for at least 20 weeks in the current or previous calendar year.

In order to be eligible, the employee must work for the covered employer, have worked 1250 hours during the 12 months prior to leave, work at a location with 50 or more employees within 75 miles and have worked for the employer for 12 months. The 12 months do not have to be consecutive, but usually have to be within seven years of the leave request. They are only hours worked for the employee, not paid sick or family leave.

A covered employer is required to grant eligible employees up to 12 weeks of unpaid, job-protected leave for the birth of or adoption a child and to bond with the child. If a child is placed with the family for foster care, an employee may also request leave.

If a spouse, child or parent has a serious health condition, FMLA may be taken to care for the individual.

If the employee is unable to work due to a serious health condition, they will be eligible for FMLA leave.

If an employee’s spouse or child is called to cover active duty, an employee may be able to take FMLA leave in order to attend to situations that arise from the deployment.

Finally, FMLA allows eligible employees to take up to 26 work weeks of unpaid, but job-protected leave in a single 12-month period in order to care for a covered servicemember with a serious injury or illness.

If you think you should be able to take FMLA leave, but are being denied, it is crucial to speak with one of experienced Virginia attorneys who can assist you.