FMLA Family & Medical Leave Policy

Family and medical leave policy providing eligible employees up to 12 weeks of unpaid, job-protected leave.

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What this document covers

FMLA applies to employers with 50+ employees within 75 miles. Eligible employees can take up to 12 weeks of unpaid leave for birth/adoption, serious health conditions, or family member care. While many restaurants fall below the threshold, multi-location operators and larger establishments must comply.

Key sections included

Eligibility criteria
Qualifying leave reasons
Leave request procedures
Intermittent leave policy
Benefits continuation during leave
Return-to-work requirements
Anti-retaliation protections

Frequently asked questions

Does FMLA apply to my restaurant?

Only if you have 50+ employees within 75 miles of the worksite. Many independent restaurants fall below this threshold, but multi-location operators often qualify.

Is FMLA leave paid or unpaid?

FMLA guarantees unpaid leave with job protection. However, employers can require employees to use accrued paid time off concurrently with FMLA leave.

Document details

Legal basis: Family and Medical Leave Act (29 USC §2601; 29 CFR 825)
Enforced by: Department of Labor, Wage and Hour Division
Penalty for absence: Back pay, benefits restoration, liquidated damages, attorney's fees, reinstatement orders.
Category: Employment & HR

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