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Other Elements of FMLA

The FMLA provides employees with up to 12 work weeks of unpaid leave in a 12 month period.  The FMLA was enacted to ensure that employees would have the rights to flexible medical leave.

In case of any interference with the rights guaranteed to the employee under 29 U.S.C. § 2615(a)(1), a plaintiff must establish five elements: 1) that she is an eligible employee under the FMLA; 2) that defendant is an employer as defined in FMLA; 3) that she was entitled to leave under FMLA; 4) that she gave notice to the defendant of her intention to take leave; and 5) that she was denied benefits to which she was entitled under FMLA.

Inside Other Elements of FMLA