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The Family and Medical Leave Act (FMLA) is a federal law that requires covered employers to grant an eligible employee up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons:
An employer covered by FMLA is any person engaged in commerce or in any industry or activity affecting commerce, who employs 50 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year. Employers covered by FMLA also include any person acting, directly or indirectly, in the interest of a covered employer to any of the employees of the employer, any successor in interest of a covered employer, and any public agency. Public agencies are covered employers without regard to the number of employees employed. Public as well as private elementary and secondary schools are also covered employers.
Generally, an employee’s spouse, children (son or daughter), and parents are immediate family members for purposes of the FMLA. In-laws are not included as parents. And sons and daughters do not include individuals 18 or over unless they are "incapable of self-care" because of a mental or physical disability that limits one or more of the "major life activities" as those terms are defined in ADA-related regulations.
Some of the employee's duties under the FMLA include:
The employee must provide:
FMLA may be applied retroactively if the employee provides the reason for the absence within two business days of returning to work.