Practice Areas > Family and Medical Leave Act
Certain employers must grant eligible employees up to a total of 12 workweeks of unpaid leave during a 12-month period for one or more of the following reasons:
  • the birth and care of the newborn child of the employee;

  • placement with the employee of a son or daughter for adoption or foster care;

  • to care for an immediate family member (spouse, child, or parent) with a serious health condition; or

  • to take medical leave when the employee is unable to work because of a serious health condition.
Upon return from FMLA leave, an employee must be restored to the employee's original job, or to an equivalent job with equivalent pay, benefits, and other terms and conditions of employment. In addition, an employee's use of FMLA leave cannot result in the loss of any employment benefit that the employee earned or was entitled to before using FMLA leave, nor be counted against the employee under a "no fault" attendance policy. In sum, an employer may not penalize an employee for taking protected medical leave.
The Rubin Employment Law Firm, PC - 11 North Washington Street, Suite 520 - Rockville, Maryland 20850 - (301) 760-7914 jrubin@rubinemploymentlaw.com
These materials have been prepared by The Rubin Employment Law Firm, P.C. for information purposes only and are not legal advice. Transmission of the information is not intended to create, and receipt does not constitute, an attorney-client relationship between the sender and receiver. Internet subscribers and online readers should not act upon this information without seeking professional counsel.
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