The Family and Medical Leave Act (FMLA) is a federal law that allows employees to take unpaid leave for certain family or medical reasons. The FMLA protects employees who find themselves in a variety of situations. First, if you have worked a certain amount of time over the course of the year prior to your leave and your employer meets essential criteria, you are entitled to a 12-week leave if you have a serious health condition that makes you unable to perform essential functions of your job.

Parents are also entitled to take up to 12 weeks of leave for the birth of a child, to care for a newborn or to care for an adopted or foster child within one year of placement. Under the FMLA, you are considered a parent if you provide day-to-day care or financial support for the child and you intend to assume the responsibilities of a parent with regard to the child, regardless of whether you share a legal or biological relationship. The FMLA protects step-relatives, live-in companions and members of same-sex couples.

Finally, if you are the parent, child or next of kin of a military member on active duty, you are allowed a 12-week leave for any emergency that arises as a result of that active duty. You are allowed up to 26 weeks of leave to care for a spouse, son, daughter, parent or next of kin who is a covered service member suffering from a serious injury or illness.

If you take advantage of leave under the FMLA, you are responsible for providing proper medical or other documentation upon request by your employer and for giving proper notice of the request for leave. While you are on leave, your employer must continue your group health insurance under the same terms as if you had not taken leave. When you return, your employer must place you in your previous job or its equivalent, with equivalent pay and benefits.

If your employer refuses your valid request for leave, fires you or otherwise punishes you for taking leave, you might be entitled to damages or reinstatement. If you are concerned about the ways in which FMLA leave may impact or has already impacted your employment situation, please contact an experienced employment law attorney to discuss your concerns and learn more about your rights and options.