FMLA – Family and Medical Leave Act in Oklahoma

The Family and Medical Leave Act of 1993 (FMLA, Pub.L. 103-3; 29 U.S.C. sec. 2601; 29 CFR 825) applies to most public and private employers who employed 50 or more employees in the current or preceding calendar year. The law provides eligible employees the legal right to take up to a total of 12 workweeks of unpaid leave during any 12 month period for one or more of the following reasons:

birth and care of a newborn child of the employee;
placement with the employee of a son or daughter for adoption or foster care;
medical leave when the employee is unable to work because of a serious health condition; or
qualifying exigencies arising out of certain military service by the employee’s spouse, son, daughter or parent.

Covered employers must also grant an eligible employee who is a spouse, son, daughter, parent, or next of kin of a current member of the Armed Forces (including a member of the National Guard or Reserves) with a serious injury or illness up to a total of 26 workweeks of unpaid leave during a single 12 month period to care for the servicemember.

In addition, covered employers must restore an employee returning from a qualifying leave to the employee’s original job or a job with equivalent pay, benefits and other terms and conditions of employment, and maintain group health insurance coverage for employees on FMLA leave under the same terms that existed prior to taking FMLA leave.

Our experienced lawyers can prepare and review your company’s employment and personnel policies and procedures to ensure that your business practices adhere to FMLA guidelines. In addition, should your firm ever face a claim related to FMLA investigations by the Wage and Hour Division of the United States Department of Labor (DOL), we will work to achieve a favorable resolution.

FMLA – Family and Medical Leave Act in Oklahoma

Learn more about how Tomlinson, Rust, McKinstry & Grable can help: