Everything You Need to Know About FMLA

Experienced Washington personal injury attorney Jason Epstein is a partner with employment attorney Darryl Parker, who answers some of the most common questions regarding the Family & Medical Leave Act, and an employee's rights to take paid leave.

The Family & Medical Leave Act (FMLA) is one of the most frequently contested pieces of employment law that I see in my line of work. Oftentimes, employers totally disregard, or retaliate against the rights of their employees to take paid time off under this law. Unfortunately, many employees do not understand the complicated law laid out in the FMLA, so they may not even know their rights are being violated. The purpose of this article is to answer some of the most common questions about the Family & Medical Leave Act so employees will be able to better exercise their rights in the workplace.

Q.) What is FMLA?

A.) FMLA is a federal law that allows specific employees to take 12 weeks of paid in a 12 month period for various family or medical related reasons. The law lays out specific instances in which the employee may take this paid leave, including: to care for the birth or adoption of a child, care for a spouse, child or parent with a serious health condition, and to get better themselves when they have a serious health condition.

Q.) Which employees are allowed to take off time because of FMLA?

>A.) Not all employees are covered by FMLA. In order to be eligible to take time off, an employee has to have worked at least 1,250 hours for the employer over the previous 12 months. If there is any dispute regarding the number of hours worked, the burden of proof rests on the employer. Different rules apply for public school teachers; if they do not hit the required number of hours, FMLA still covers them.

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Jason Epstein is a partner with employment lawyer Darryl Parker at the Seattle and Bellevue based employment and personal injury law firm Premier Law Group. As a Bellevue employment attorney, Washington labor lawyer, and Seattle employment lawyer, Darryl has fought for the rights of employees for over 20 years.

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