Family and Medical Leave Act
Know Your Rights Regarding Family and Medical Leave
The Family and Medical Leave Act (FMLA) was enacted in February of 1993 to ensure that qualified employees of qualified employers would be able to take up to 12 weeks of time off from work during a 12 month period for certain medical or family reasons. The Act allows workers to take unpaid time off as medical leave for themselves, or as family leave if the worker needs to care for a family member. Leave may be taken to care for a serious medical condition, or the birth or adoption of a child. Under most circumstances, the Act requires that you be restored to your position when you return from FMLA leave.
Various qualifications must be met for employees to be eligible for leave under FMLA. First, the employer must be covered by the Act. Generally, employers with 50 or more employees within a 75 mile radius of an employee's location are considered qualified. If the employer is qualified, the employee requesting the leave under FMLA must have worked for the employer for one year and have worked at least 1250 hours during the prior 12 months.
Once qualification is confirmed for both employer and employee, FMLA leave can be taken in a variety of ways. Sometimes, a qualifying condition might require that 12 weeks be taken at once. Or, as in the case of some chronic ailments, time might be taken on an intermittent basis depending on medical need. In every case, there are detailed procedures that must be followed correctly to ensure protection under the Act.
If you wish to apply for FMLA leave, or if you have been denied leave to which you believe you are entitled, if you have been denied your job restoration rights, or if you have suffered retaliation for taking leave, we can help you assess your status and secure your protections. Contact us today to arrange a consultation.