Family and Medical Leave Act (FMLA)
Employment Law · Lesson 06
Family and Medical Leave Act (FMLA)
這一課問的是：員工是否依 FMLA 有權享休假？僱主能否干涉或報復？
ActorActObjectStandardConsequence
Visual Scene · the picture in your head
Issue. Is the employee entitled to leave under FMLA, and may the employer interfere or retaliate?
這一課問的是：員工是否依 FMLA 有權享休假？僱主能否干涉或報復？
Core Terminology · 7 must-know
Tap a card to flip and reveal the meaning.
FMLA
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Family and Medical Leave Act — 29 USC §2601 et seq.
FMLA。
eligibility
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12+ months employment AND 1,250+ hours worked AND 50+ employees within 75-mile radius.
資格。
covered reasons
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Birth/adoption, serious health condition of self or family member, military caregiver.
可用理由。
12 weeks
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Unpaid leave per 12-month period (26 weeks for military caregiver).
12 週。
serious health condition
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Inpatient care or continuing treatment.
嚴重健康狀況。
interference claim
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Employer denied or interfered with FMLA rights.
干涉索賠。
retaliation claim
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Employer retaliated for exercising FMLA rights.
報復索賠。
Issue · what this lesson is really about
Is the employee entitled to leave under FMLA, and may the employer interfere or retaliate?
這一課問的是：員工是否依 FMLA 有權享休假？僱主能否干涉或報復？
Trigger words & phrases that should flag this issue:
12 weeksserious healthbabyparentinterference
Expression Bank · how lawyers actually say it
Six function → sentence patterns. Use these in essay applications.
| Function | English sentence | 中文 |
|---|---|---|
| State eligibility | FMLA covers employees with 12+ months and 1,250+ hours at employers with 50+ employees within 75 miles. | FMLA 資格三要件。 |
| Apply covered reasons | Leave covered for birth/adoption, serious health condition of self/spouse/parent/child, or military caregiver. | 可用理由。 |
| Apply 12 weeks | Eligible employee may take up to 12 weeks unpaid leave per 12-month period. | 可享 12 週無薪假。 |
| Apply reinstatement | Employee must be reinstated to same or equivalent position upon return. | 回任職同等職位。 |
| Apply interference vs retaliation | Interference: denied entitlement. Retaliation: adverse action for taking leave. | 干涉 vs 報復區分。 |
Rule Sentence · the workhorse
The Family and Medical Leave Act provides eligible employees up to 12 weeks of unpaid, job-protected leave per 12-month period for specified family and medical reasons — including birth or adoption of a child, serious health condition of the employee or a covered family member, and military-family qualifying exigencies — with reinstatement to the same or equivalent position.
Sentence Anatomy · 5 roles, 5 colors
Every rule sentence breaks into five visual roles.
Actor 行為人employee員工
Act 行為taking or being denied FMLA leave享或被拒 FMLA 假
Object 對象family/medical leave家庭/醫療假
Standard 法律標準FMLA eligibility + covered reasonsFMLA 資格 + 可用理由
Consequence 後果leave + reinstatement休假 + 回任
Casebook Snapshot · a real American case
Nevada Department of Human Resources v. Hibbs
Holding. FMLA's family-care provision validly abrogates state sovereign immunity under Congress's §5 power. The provision combats sex-based stereotypes about family caregiving and applies to state employers.
Why it matters. Hibbs confirmed FMLA's broad reach including state employers; also shows FMLA's connection to equal protection of sexes in caregiving.
Hibbs：FMLA 家屬照顧條款適用州僱主，符 §5。
Common Mistakes · what trips students
✗ FMLA 為帶薪假。
✓ FMLA leave is unpaid (employer may require use of paid leave concurrently).
無薪假；可同時用帶薪假。
✗ any health issue qualifies。
✓ Must be "serious health condition" — inpatient or continuing treatment.
須嚴重 — 住院或持續治療。
✗ FMLA 適用所有 employers。
✓ Only those with 50+ employees within 75-mile radius.
僅 50+ 員工 75 哩內。
Mini IRAC · build the Application
Issue. Has D violated FMLA by firing P shortly after P returned from 12 weeks of FMLA leave to care for P's terminally ill parent?
Rule. FMLA prohibits both interference with FMLA rights and retaliation against employees for exercising FMLA rights, including reinstatement to the same or equivalent position.
Application (model). P took qualifying FMLA leave to care for a parent with a serious health condition and was fired shortly after returning. Because FMLA prohibits retaliation against employees for exercising FMLA rights and requires reinstatement, the fact that the firing occurred immediately upon return from FMLA leave creates strong temporal evidence of retaliation, and the absence of reinstatement also suggests interference, means P has viable interference and retaliation claims.
Pick the right element for each blank:
g1.
g2.
Conclusion. Therefore, P may sue D for FMLA interference and retaliation.
MBE Check · multiple choice
Employer has 200 employees nationwide, but only 30 employees at the location where P works. There are no other locations within 75 miles. Does FMLA apply to P?
Practice Drill · tap to build the rule
Drop the chips here in correct order:
Tap chips to add → tap chips in the target to remove: