Under the Family and Medical Leave Act, when may an employer refuse to allow an employee to take family or medical related leave or refuse to reinstate an employee after such leave?
Under the Family and Medical Leave Act (FMLA), a private employer with at least 50 employees is required to give qualified employees 12 weeks of unpaid leave each year for certain medical and family reasons, such as the adoption or birth of a child or to care for a serious health condition of the employee or an immediate family member. In order for an employee to be eligible for FMLA leave, he or she must have worked for the employer for at least one year and worked for at least 1250 hours during that year. There are certain situations, however, in which an employer may delay or deny such leave. For example, if the reason for the FMLA leave is foreseeable, the employee must provide the employer with at least 30 days notice prior to taking the leave. If the employee fails to do so, the employer may require the employee to delay his or her leave until the notice period has elapsed. However, if the reason for leave is not foreseeable, such as a sudden injury or illness, then the employee
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