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Family and Medical Leave

When  you have a newborn or newly adopted baby, or when a loved one is  seriously ill, your most important job may be at home rather than at  work.

The federal Family and Medical Leave Act of 1993 provides workers up to 12 weeks of unpaid and job-protected leave for  certain family and medical reasons, or for any "qualifying exigency"  arising our of the fact that a covered military member is on active  duty, or has been notified of an impending call or order to active duty,  in support of a contigency operation. The FMLA applies to all  private-sector employers with 50 or more workers and to all public  agencies—state, local and federal. The U.S. Department of Labor enforces  the FMLA.

To be eligible for leave under the Act, a worker must have worked for  the same covered employer for a total of 12 months, and must also have  worked for a total of 1,250 hours or more in the previous 12 months. The  worker also must work at a location in the United States or in any  territory or possession of the United States where at least 50 employees  are employed by the employer within 75 miles.

You may take leave for the birth and care of a newborn; for adoption  or foster care of a child; to care for an immediate family member  (spouse, child or parent) with a serious health condition; or for your  own serious health condition. If you qualify for FMLA, your employer  cannot fire you for taking leave.

If you think you have been denied FMLA leave, or if you think your  employer has violated the act, you may file a complaint by contacting  the nearest office of the Wage and Hour Division of the U.S. Department of Labor. The complaint may be filed in person,  by letter or by telephone, but it also must be made in writing. There is  a two-year statute of limitations—three years if the violation was  willful.

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