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Employers Can Decline Qualifying Leave Under the FMLA

By Jen L. Cornell

Congress enacted the Family Medical Leave Act (FMLA) to allow employees to take necessary leave from their jobs for their own or a family member's serious health condition. Congress's intent was to help employees to “balance the demands of the workplace with the needs of families, to promote the stability and economic security of families, and to promote national interest in preserving family integrity ' in a manner that accommodates the legitimate interests of employers.” 29 U.S.C. ' 2601.

The balance struck was that certain employees (those who have worked for 12 months and at least 1,250 hours) of certain employers (those with 50 or more employees) could take up to 12 weeks of unpaid leave in a year to care for either themselves or a family member with a serious medical condition. The year can be calculated on a rolling basis, or a fixed year, such as a calendar year, the fiscal year, or an employee's anniversary date. 29 C.F.R. ' 825.200(b).

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