The FMLA allows eligible employees to take off up to 12 work weeks in any 12-month period for the birth or adoption of a child, to care for an immediate family member with a serious health condition, or to take medical leave for the employee’s own serious health condition.
To be eligible, the employee must have worked for a total of 12 months of employment (which does not need to be consecutive); must have worked at least 1,250 hours in the previous 12-month period; and must have worked in the United States or in any territory or possession of the United States at a work location that has 50 or more employees within a 75-mile radius.
Employees are permitted to take FMLA leave on an intermittent basis, allowing them to work on a reduced schedule, in certain circumstances. Employees who take FMLA leave also have the right to return to the same or equivalent position, pay, and benefits at the conclusion of their leave.
It is important to note that many small businesses are exempt from the FMLA, as it applies to businesses with 50 or more employees located within a 75-mile radius. Nevertheless, several independent operations, particularly emerging chains, are subject to its provisions.
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