Family and Medical Leave Act

Job Discrimination

The Family and Medical Leave Act (FMLA) is a federal law that enables Michigan workers to take unpaid leave to meet certain family and medical needs, without losing their jobs. The law also requires continuation of some benefits and provides mechanisms to enforce compliance.

Protections and Rights

According to the FMLA, an employer must allow eligible employees up to 12 work-weeks of unpaid leave in a 12-month period to care for:

A newborn child
A newly-placed adopted or foster child
A seriously ill child, spouse or parent, or
An employee’s own serious health condition that prevents the individual from performing the functions of his or her job

The employer also must:

Continue the employee’s health coverage under any group health insurance plan, and
Restore the employee to his or her original job, or an equivalent position, upon return to work

The FMLA prevents an employer from:

Interfering with, restraining, or denying the exercise of any FMLA rights
Discharging, or discriminating against, any person for opposition to a practice prohibited by FMLA or for involvement in any proceeding related to FMLA

Who is Covered under FMLA?

FMLA protects approximately 60% of all Michigan workers. Employees are eligible if they meet the following criteria:

The employee has worked for that employer for at least 52 weeks and at least 1,250 hours over the previous 12 months
The employer has 50 or more employees who work within 75 miles of the work site

FMLA applies to both private employers and public employers, including Michigan, local, and federal agencies, and local education systems.

If you believe that your employer denied your FMLA rights, talk with a Michigan employment discrimination lawyer with experience in Michigan and federal employment law. Please submit a simple, free and confidential legal consultation form now.

Get the Bernstein Advantage today.

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