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FMLA Rights

Family and Medical Leave Act Protections

When you or someone you love has suffered a serious birth injury, it's important to fully understand how the Family and Medical Leave Act (FMLA) can help you and your family by providing job protection. Medically necessary leave to care for a loved one is generally protected, but there are some exceptions.

How Can the FMLA Help Me and My Baby?

The federal FMLA extends job protections for parents of a child with a serious illness or disability if the following qualifications are met:

  • The employer has more than 50 employees.
  • The parent with job protections has worked at the employer for 12 months.
  • The child has a serious health condition.
  • The parent must take leave to pay for a "serious health condition."

The definition of a serious health condition is relatively vague. Most birth injuries qualify as a serious health condition because the condition must require continuing treatment to qualify. Once a parent is protected by the FMLA, he or she may take up to 12 weeks of unpaid leave each year to care for a child who has suffered a disability or injury due to a birth injury.

Both you and your child deserve time together after a doctor's negligence causes a birth injury. This time is important to the well-being of both you and your baby and employers must respect the protections provided by the FMLA.

Find Out More About FMLA Rights

The Birth Injury Team is a subsidiary of Silvers, Langsam & Weitzman, P.C., made up of experienced attorneys and medical professionals. Our lawyers have more than 100 years of combined experience handling birth injury cases. We are dedicated to helping parents understand their child's condition and guiding them through the process of securing the care and support they need.

To discuss your needs with one of our professionals, contact our office in Philadelphia, Pennsylvania. We serve clients across the United States.


Located in Philadelphia, Silvers, Langsam & Weitzman, P.C., home of MyPhillyLawyer, serves clients in Philadelphia County, Pennsylvania, and throughout the United States.

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