Family Medical Leave Act

questions & answers

Question: Can you take an intermediate leave in carring for your son?

Answer: The Family Medical Leave Act (FMLA) allows for covered employees to take time off from work in order to help care for a family member.

The FMLA does not protect all employees. Instead, it protects only covered employees. To be covered by the FMLA, you have to meet all of the three following requirements:

•You work for a company that has 50 or more employees within 75 miles of your workplace; and,
•You worked for your employer for at least one year before taking the FMLA leave; and
•You worked at least 1,250 hours in that year (about 25 hours per week) (29 U.S.C. 2611(2)).

If you are a "covered employee" under the FMLA, you can take up to 12 weeks of unpaid leave in any 12 month period for the following three reasons:

•To recover from your own serious health condition that prevents you from performing the functions of your job.
•To care for a child, spouse, or parent with a serious health condition;
•To give birth or adopt a child. Both mothers and fathers can take leave for the birth, adoption, and care of a new child (29 U.S.C. 2612(a)(1))

For more information about the FMLA in Arizona, visit: http://www.azlawhelp.org/articles_info.cfm?mc=2&sc=13&articleid=48

Or visit: https://az.db101.org/az/situations/workandbenefits/rights/program2b.htm

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