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Family Medical Leave Act


Family Medical Leave Act

The Family Medical Leave Act (FMLA) allows employees up to twelve (12) weeks job-protected leave for certain family and medical reasons. Employees are eligible if they:

  • work for a covered employer;
  • have worked for the employer for a total of 12 months;
  • have worked at least 1,250 hours over the previous twelve (12) months; and
  • work at a location in the United States or in any territory or possession of the United States where at least 50 employees are employed by the employer within 75 miles.

Leave may be requested under the Family Medical Leave Act for the following reasons:

  • to care for the employee’s child after birth, or placement for adoption or foster care;
  • to care for the employee’s spouse, child or parent who has a serious health condition;
  • for a serious health condition that makes the employee unable to perform their job;
  • for qualifying exigencies arising out of the fact that the employee’s spouse, son, daughter or parent is on active duty or call to active duty as a member of the National Guard in support of a contingency operation.

FMLA Military Family Leave Entitlements allows an eligible employee who is a spouse, son, daughter, parent or next of kin of current member of the Armed Forces, including a member of the National Guard or Reserves, with a serious injury or illness up to a total of 26 work weeks of unpaid leave during a “single 12-month period” to care for a service member.

An employee is required to provide at least thirty (30) days advance notice and medical documentation for foreseeable leave including planned medical treatment for a serious injury or illness of a covered service member unless not practical.

If you have any questions, please contact Noemi Spaziante, Benefits Coordinator at (914) 251-6448.