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on employment discrimination law
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Family and Medical Leave Act

What's new

As of July 20, 2009, we have added the FMLA statutes and regulations to our site.

  1. Browse or search FMLA statutes

  2. Browse or search FMLA regulations

Quick facts about the FMLA

Certain employees may be entitled to up to twelve (12) weeks of unpaid family or medical leave each year. Employees who have family members in the Armed Forces on active duty may be entitled to family leave of up to twenty-six (26) weeks.

The FMLA only covers employees who have worked at least 1,250 hours in the previous twelve months and only applies to employers who have 50 or more employees within 75 miles of the employee's worksite.

In order to qualify for medical leave, the employee must have a serious health condition.

With respect to family leave, that leave can be taken for various reasons:

  1. Birth of child (if purpose of leave is to care for the child)

  2. Adoption of child or placement of child with employee for foster care

  3. In order to care for spouse, child or parent who has a serious health condition

  4. Because of any qualifying exigency arising out of the fact that the spouse, child or parent is on active duty (or has been notified of an impending call or order to active duty) in the Armed Forces in support of a contingency operation.

Researching the FMLA at Garland's Digest

At present, Garland's Digest is in the process of writing a treatise on the FMLA that will be placed online. For now, the best means of researching the FMLA is to view the FMLA statutes and regulations that are contained on this site:

  1. Browse or search FMLA statutes

  2. Browse or search FMLA regulations

If you are a non-lawyer and need a basic introduction to legal research, visit our other site, Introlaw.com, and read the introductory articles on that site first.

To learn more about Garland's Digest, visit our About Us page.

If you are not an attorney and you believe that either (a) you may have a potential discrimination claim or (b) you are an employer and may have a potential claim against your company, please consult an attorney in your area. This web site is designed for lawyers performing legal research and is no substitute for competent counsel.

 

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