How Long Does Family Medical Leave Last? | Mann & Elias

Have Questions About FMLA? Contact a Family Medical Leave Lawyer Los Angeles

The unexpected happens all the time in life. You have the right to take care of family emergencies and other life contingencies that may pop up without losing your job. You have this right under the Family and Medical Leave Act (FMLA). This is a U.S. federal law passed in 1993. The FMLA allows employees to take time off work without pay for matters related to their family or their health. If your emergency falls within either of these categories, you are entitled to 12 weeks of leave. If the emergency involves a relative who is a service member, you are allowed up to 26 weeks of leave without pay.

Are You Eligible for FMLA?


The law sets out certain eligibility requirements, including:
  • You must have worked for the company for at least 12 months and put in a minimum of 1,250 hours since starting.
  • Your employer must have a minimum of 50 employees within 75 miles.

These are the only requirements set forth in the law. If you are within them, then you should be able to take leave for the prescribed time without the threat of termination.

Types of Medical Leave


The Family and Medical Leave Act breaks the type of leave you are allowed to take into two general categories, which are medical and personal. The breakdown is as follows:

Covered Under Medical Leave
  • Giving birth to a child
  • The need to be treated for severe health issues that require in-patient care and long-term treatment
Covered Under Personal Leave
  • Caring for a family member who is seriously ill
  • Caring for a new-born baby
  • Adopting a child
  • Taking care of a foster child
  • Other matters related to the care and placement of a child

You are allowed to take your 12 weeks within a given year. You do not have to take it all at once. You can take the leave for any of the instances above or combination of them. If you need to take a leave of absenceEmployers who violate the Family and Medical Leave Act may have to offer restitution to employees. This can come in the form of wages, benefits, and other damages. If you have been fired for taking leave, the company may have to reinstate you. They may also be compelled to re-offer you an opportunity for promotion you may have lost because you went on leave.

When Employers Violate the FMLA


Most employers recognize the fact that unfortunate things happen in life and that people need time to sort them out. They are willing to abide by the spirit and letter of the FMLA and give the employees who meet the criteria time off to take care of themselves or their family. Other employers are not as fair-minded. They will fire you if you take leave under FMLA and try to get around the law if challenged.

Do not allow your rights to be trampled on. If you have been terminated or suffered any other adverse employment actions as a result of taking leave under FMLA, we recommend you call Mann & Elias immediately. Mann & Elias will be able to assist you with all aspects of your claim. Even if you are not sure whether or not you have a valid FMLA claim, give us a call and we will figure it out with you. We are experts at this law so give us a call. We are here to help.

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