The Family and Medical Leave Act of 1993 (“FMLA”) is a federal law that requires “covered employers” to provide up to 12 weeks of job-protected unpaid leave during any 12 month period to “eligible” employees for specific reasons, including for the birth or placement of a child, to care for a family member with a serious health condition or because of the employee's own serious health condition.
In order to be covered by the provisions of the FMLA and have a corresponding obligation to provide leave to eligible employees, an employer must employ at least 50 employees within a 75-mile radius of the employee's worksite. In addition, to be deemed an “eligible employee,” an employee must have been employed for at least 12 months and worked at least 1250 hours in the past year.
Marc has experience advising employers with respect to their obligations under the FMLA and its implementing regulations as well as with respect to the often complex interplay between the provisions of the FMLA, the Fair Labor Standards Act, and the American's with Disabilities Act. Marc has also represented employees who have been denied leave or other rights under the FMLA or who have been unlawfully retaliated against because of their use of leave provided by the FMLA.