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:

  • The birth of a child and in order to care for such child
  • Placement of a child with the employee for adoption or foster care
  • Care for an employee’s spouse, child, or parent who has a serious health condition
  • A serious health condition that renders the employee unable to perform the functions of employment
  • 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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