Employer Requirements Under FMLA

Orange County employment law attorneyIndividuals who believe that their employers have not complied with the Family and Medical Leave Act may discuss their concerns with an Orange County employment law attorney. Here are some general guidelines pertaining to an employer’s legal requirements under this Act.

Basic Guidelines

Employers who are required to offer FMLA leave must provide eligible employees with up to 12 weeks of leave during a year’s time after a qualifying event occurs.

Qualifying Events

An Orange County employment law attorney can explain that the heart of the FMLA is the qualifying event that triggers coverage. A qualifying event includes one or more of the following situations:

  • The employee’s son or daughter is born;
  • The employee receives a child through adoption or foster placement;
  • The employee’s child, parent or spouse has a serious health condition and the employee will provide care;
  • The employee is unable to perform the functions of his or her job due to serious health conditions; or
  • An exigency exists as deemed by the Secretary of Labor that arises out of the employee’s spouse, parent or child being on active duty.

Other Requirements

An Orange County employment law attorney may also explain that employers must put employees back to the same or an equivalent position and must keep the employee’s health benefits active during the medical leave.

Individuals who would like more information on the FMLA may contact Orange County employment lawyer Daily Aljian LLP by calling 949-861-2524.