The Family and Medical Leave Act was enacted by the U.S. Congress in 1993 to balance the needs of the workplace with the needs of employees to take leave for significant medical conditions and for compelling family reasons, according to a recent ruling by the U.S. District Court in Illinois.

   In addition to providing an eligible employee with up to twelve weeks of unpaid leave to care for a spouse, son, daughter or parent, if the spouse, son, daughter or parent has a serious health condition, the Family and Medical Leave Act also ensures that an employee who exercises the right to take such leave will be restored to his or her former position or an equivalent one upon returning to work.

   All employers with fifty or more employees are subject to the Federal Family and Medical Leave Act.

   If an employer violates the law, the employee may sue the employer to obtain a court order of reinstatement, and for an award of compensatory damages, back pay and attorney fees.

   In this case, an employee, who had had ongoing difficulties with her supervisors over absenteeism, was able to document with a doctor’s letter that it was necessary for her to stay home several weeks with her two children who had the chickenpox.