The Family Medical Leave Act and Michigan Employment Law
The federal Family Medical Leave Act (FMLA) applies to employers with more than 50 employees. The FMLA entitles workers who have worked for a company for a year to be allowed to return to their jobs after taking leave of up to 12 weeks in one year to deal with eligible family or medical needs.
The employer is not required to pay the employee during leave, although some employers do. An employee may use available sick time, vacation and personal leave time for all or some of the family or medical leave. Additional time off up to the 12 weeks may be unpaid — but the company should continue to pay the employee's health insurance during the qualified leave.
Qualified family needs that may fall under the "family" part of the equation include the following:
- Birth or adoption of a baby — FMLA leave is available for both men and women.
- Necessary care of an immediate family member — such as accompanying a spouse to chemotherapy or tending to the needs of a child with a broken leg.
Family members may include mother, father, step parent, foster parent, husband, wife, child (minor or adult), brother, sister, and in some cases, grandparent. "Significant others," like domestic partners, are not covered by this law.
The employment law attorneys of Schwartz Law Firm, in Oakland County, represent both employees and employers in Family Medical Leave Act disputes. Our employment law lawyers are also available to help employers plan and institute related policies that the employer and employees will need to follow to take leave under FMLA.
We welcome the opportunity to advise or represent you in FLMA-related matters as well as other employment law issues such as alleged discrimination cases, COBRA or other insurance benefit disputes or hour/wage disputes. Contact us to schedule a consultation regarding your potential Family and Medical Leave Act claim.