Human Resource Blog

FMLA in Delaware

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Who is covered by the FMLA in Delaware?

The Family and Medical Leave Act is a federal Act that helps to ensure that employees in states across the country will be able to receive time off from work if they need to care for a sick family member or for their own health. Not all employees or employers are covered by the Act; however, the Act may pertain not only to employees in Delaware, but also to employees in all states because it is a federal Act.

In order for an employee to receive FMLA coverage the employee needs to have worked for a covered employer for at least 20 weeks out of the previous year or a total of 1,250 hours. Those 20 weeks do not have to have been consecutive. Also, the employee needs to have worked for a covered employer, which is any employer that has at least 50 employees working within a 75-mile radius of the employee that wishes to take the FMLA time off.

Employees may be able to take up to 12 weeks off of work each year. The employer should not discriminate against the employee for taking this time off. Also, the employee should be able to return to work at the end of the period of time off to have the same job or an equivalent job as well as the same salary and benefits that he or she had prior to taking the FMLA time off.

Employees may be able to take time off for the following reasons:

·         To care for their own health-related conditions

·         To care for the health of a spouse

·         To care for the health of a child, as long as the child is under the age of 18

·         To care for the health of a parent, as long as the parent is a biological parent and not an in-law and the employee is over the age of 18

·         For the birth of a child

·         After a child has been adopted or taken in through foster care. CB