My Rights: Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act ("FMLA") allows eligible employees to take leave in the form of unpaid, job-protected work weeks under certain circumstances.

An eligible employee may take up to 12 weeks of leave in a 12 month period for one of the following reasons:

1. The birth of a child and in order to care for such child
2. Placement of a child with the employee for adoption or foster care
3. Care for an employee’s spouse, child, or parent who has a serious health condition
4. A serious health condition that renders the employee unable to perform the functions of employment
5. For reasons related to the call of active duty of service member spouses, children, or parents

Eligible employees make take up to 26 weeks of leave in a 12 month period to care for a seriously injured or ill covered service member.

An eligible employee includes anyone who has worked for a covered employer for at least 12 months (not necessarily 12 consecutive months) and who has worked at least 1,250 hours during the 12-month period immediately preceding the start of the leave. 

A covered employer must employ 50 employees within a 75 mile area, so most school districts would meet this requirement.

For additional, general information on FMLA leave, visit the Department of Labor’s website:

If you have questions regarding your eligibility for FMLA leave, contact your PSEA UniServ Representative.



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