Chief’s Counsel: Subpoenaed Officers on FMLA: Stay or Go?

The Family and Medical Leave Act (FMLA) of 1993 provides one of the most important legal protections afforded to employees in the United States. Eligible employees who work for a covered employer can take up to 12 weeks of unpaid, job-protected leave in a 12-month period for the following reasons:

  • for the birth of a child or placement of a child for adoption or foster care;
  • to bond with a child (within one year of the child’s birth or placement);
  • to care for the employee’s spouse, child, or parent who has a qualifying serious health condition;
  • for the employee’s own qualifying serious health condition that makes the employee unable to perform the employee’s job; and
  • for qualifying exigencies related to the foreign deployment of a military member who is the employee’s spouse, child, or parent.