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Family and Medical Leave Act

A federal law that gives eligible employees unpaid, job-protected leave for certain family and medical reasons while keeping their group health insurance in place under the same basic terms.

The Family and Medical Leave Act applies to covered employers and usually protects workers who need time off for their own serious health condition, the birth or adoption of a child, care for a spouse, child, or parent with a serious health condition, or certain military family needs. In most cases, eligibility depends on working for a covered employer, being employed for at least 12 months, and logging at least 1,250 hours in the prior year. The usual entitlement is up to 12 weeks of leave in a 12-month period, though some military caregiver leave can last longer. It does not require paid leave, which is the part people tend to discover at the least convenient moment.

For a worker, FMLA can mean the difference between handling a medical crisis and losing a job for missing work. In South Carolina, the rules come from federal law, enforced by the U.S. Department of Labor under the Family and Medical Leave Act of 1993.

In an injury or employment claim, FMLA issues often overlap with retaliation, wrongful termination, disability discrimination, and requests for reasonable accommodation under the Americans with Disabilities Act. If an employer denies leave, punishes someone for using it, or fails to restore the employee to the same or an equivalent job, that can strengthen a legal claim.

by Lisa Hucks on 2026-03-28

The information above is educational and does not create an attorney-client relationship. Every injury case turns on its own facts. If you're dealing with this right now, get a professional opinion.

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