FMLA And Other Leaves Of Absence

Dealing with a serious health condition or that of an immediate family member requires time and energy, which can necessitate employee requests for time off from work and/or reduced work schedules that employers need to handle appropriately. Passed in 1993, the Family and Medical Leave Act (FMLA) entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave.

The FMLA also addresses the issue of pregnancy. While a routine pregnancy is not considered a “disability” under the Americans with Disabilities Act, the FMLA does protect pregnant employees for time needed to be off work, beginning with prenatal care through bonding time following childbirth.

Leave time under the FMLA can be taken either continuously or “intermittently” in cases of a serious health condition. The use of such intermittent leave, however, can wreak havoc on an employer’s operations when absences are both sporadic and unpredictable. As a result, employers must be aware of how to strike the proper balance between running their businesses efficiently and complying with their legal obligations.

In addition to leave under the FMLA, there are a number of other types of absences and leave events which employers must plan for and address pursuant to state and federal law, including:

• Jury duty
• Military service
• Nevada-mandated paid leave
• Parental leave for school-related activities
• Domestic violence leave
• Voting
• Unpaid breaks for nursing mothers

Our attorneys are well versed in the FMLA and other leave requirements. We can help you identify all obligations and ensure compliance, spotting potential issues before they arise.