Life rarely moves on schedule. People get sick, parents give birth and family emergencies arise. The Family and Medical Leave Act (FMLA) balances employee rights with employer interests, allowing eligible workers to take unpaid, job-protected leave for qualifying reasons.
Who qualifies for FMLA leave?
Employees who have worked for a covered employer for a minimum of 12 months and logged a minimum of 1,250 work hours during the past year are eligible for FMLA. This includes public agencies, public and private schools and private employers with 50 or more workers within a 75-mile radius. If you want to know whether your employer is covered, contact your HR department or verify with the U.S. Department of Labor.
When do you qualify for FMLA leave?
Under the FMLA, you can take up to 12 weeks of unpaid leave in a 12-month period for certain conditions. These include the following:
- Welcoming a new child through birth, foster care or adoption
- Providing care for a seriously ill spouse, child or parent
- Recovering from a serious health condition that prevents you from working
- Handling qualifying needs related to a spouse, child or parent on covered military duty
There is an extended 26-week option to care for a covered service member with a severe injury or illness. This falls under the FMLA’s military-related leave provisions.
How does FMLA protect your job?
Even though your FMLA leave is unpaid, your employer must maintain your group health benefits during your absence. Upon your return, your employer must restore you to the same or an equivalent job with the same pay and benefits. In case your employer refuses to restore your position or penalizes you for taking leave, talk to an attorney because this could be grounds for an employment law claim.
Protect your rights under FMLA
If your employer denied your FMLA request or retaliated after your leave, do not stay silent. Contact an employment attorney skilled in FMLA and wage disputes right away. They can help you document your eligibility, gather medical certification and assert your rights under federal law. The law protects eligible workers who need time to care for themselves or their loved ones. You should not have to worry about losing your job while you do so.