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Claims arising under FMLA

Pennsylvania employers are required to follow a variety of state and federal laws. One such law that affects many employers is the Family and Medical Leave Act. Not following the requirements of this act can result in employees filing claims against the business.

The Family and Medical Leave Act is a federal law that gives covered employees the right to take unpaid leave for medical reasons. Employees who are eligible for FMLA leave and who comply with the program's requirements are able to take unpaid leave and have job protection. The law applies to employers that have 50 or more employees. Employees are eligible for such leave after working for at least one year or for at least 1,250 hours during the previous year.

The act allows leave for only specified reasons. These include if the employee has a serious medical condition, a family member has a serious medical condition, the employee is the victim of a serious or violent felony, emergencies that are the result of a family member being deployed by the military or the employee has a child, adopts a child or has a foster child placed. Eligible employees are entitled to take up to 12 weeks of leave per year. If the leave is used to care for an ill family member, leave can be up to 26 weeks per year. If an employer does not comply with FMLA rules, the employee may be able to file a claim with the Department of Labor.

Employees who believe that their FMLA rights have not been honored may choose to contact an employment law attorney. In addition to the specified leave and job protection, it is illegal for an employer to retaliate against a worker who has validly exercised the rights provided by the act.

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