The Family and Medical Leave Act (FMLA) is a federal law that allows employees to take up to 12 weeks of unpaid leave per year to care for themselves, or for a seriously ill family member, or for a new child without losing their jobs or health care insurance.

Many times a workers compensation claim will have instances in which they will also fall until the Family Medical Leave Act.  When dealing with these complex issues, remember to look at each individual item separately.  For example, review the laws specific to your workers compensation claim separate from that of the FMLA or ADA.  Then compare and contrast the benefits of each and make sure you meet the criteria of each, noting where there is overlap between them.

For FMLA, here are the specifics:

Eligible workers must:
•  Work at companies with 50 or more employees at or within 75 miles of the work site
•  Have worked at least 1,250 hours during the 12-months prior to taking leave

 
Workers can take leave to care for:
•  An ill spouse, child, or parent (some states include additional family members)
•  A new baby or adopted child
•  Themselves when they have a serious illness(this is where most workers compensation claim recipients fall)

For more information, contact the Department of Labor at (866) 487-9243 or check out their website at www.dol.gov/esa/shd/fmal