Family and Medical Leave Act (FMLA) Rights and Duties

• Eligible employees (generally, those having worked 12 months (not consecutive), and at least 1250 hours in the last 12 months, for a Covered employer (generally, one with 50 employees working in a 75-mile radius), have a right under FMLA to 12 weeks of leave.
• FMLA does not mandate leave to be paid, although employers may otherwise obligate themselves to do so.
• Unless the employee is a “key employee” as defined by FMLA, reinstatement is required.
• An employer has various obligations during a FMLA leave.
• FMLA leave is available for birth or placement of a child, or due to treatment required by serious health conditions. Under certain circumstances, FMLA leave may be taken intermittently, rather than all at once.
• Enforcement of FMLA rights and obligations may occur through an administrative agency process, or through a court action. Failure to comply with time limits, sometimes called a statute of limitations, may have adverse ramifications to employers defending against charges and lawsuits, or those asserting employee rights, irrespective of the merits, or lack thereof, of a claim.
• The U.S. Department of Labor, or USDOL has a website with useful information concerning FMLA. The link is:
  • www.dol.gov/esa/whd/fmla

USERRA Rights and Duties

• The Uniformed Services Employment and Reemployment Rights Act of 1994, or USERRA, provides for leave and reinstatement rights for persons serving in the armed forces, under certain circumstances.
• The U.S. Department of Labor or USDOL has a website with useful information concerning USERRA. The link is:
  • www.dol.gov/vets/programs/userra/main.htm
• Enforcement of USERRA rights and obligations may occur through the Departments of Labor or Justice, or through a court action. Failure to comply with time limits, sometimes called a statute of limitations, may have adverse ramifications to employers defending against charges and lawsuits, or those asserting employee rights, irrespective of the merits, or lack thereof, of a claim.