Family and Medical Leave Act


Congress passed the Family and Medical Leave Act in 1993 as a way of protecting the rights of employees to have children and to care for them during the very earliest potions of their lives. The act has also expanded over time either to allow for leave for other medical reasons, the employee’s own medical reasons or to help care for an ill family member.

Pursuant to the Family and Medical Leave Act, eligible employee can take up to 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons:

  1. For the birth and care of the newborn child of the employee;

  2. For placement with the employee of a son or daughter for adoption or foster care;

  3. To care for an immediate family member (spouse, child, or parent) with a serious health condition; or

  4. To take medical leave when the employee is unable to work because of a serious health condition

During this period, there are limitations as to what an employee can do in regards to your job status. An employer cannot refuse to bring you back after an Family and Medical Leave Act leave in most circumstances. They also cannot take other actions against you for exercising your rights under the Family and Medical Leave Act, such as denying you a promotion or demoting you.

As with most statutory constructions, the Family and Medical Leave Act lends itself to complex litigation and enforcement. You need an experienced lawyer who has dealt extensively with the Act to insure that you are able to get all of the benefits of the act and the greatest level of recovery in the event that your employer violates the act. Mesriani Law Group has those attorneys and they are ready and waiting to work for you.


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•Family Leave Act
•Medical Leave Act
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