The Family Medical Leave Act (FMLA) gives employees the right to take leave on account of their own medical problems or those of a family member, all while protecting the right to return to a job or position of equal pay and benefits when the leave is over. If an employee is found eligible for FMLA, the employee can take up to 12 work weeks of unpaid leave in a 12-month period. An employee may also be allowed to take intermittent FMLA leave or work reduced schedules if the employer agrees under certain circumstances.
Employees may be entitled to take medical leave for themselves or to take care of their family members if they meet the following FMLA requirements:
- The company employs at least 50 employees within a 75-mile radius of the location where the employee who wants to take leave works
- The employee worked at least 1,250 hours within the past 12 months, or about 24 hours a week, before the start date of the leave
- The employee has been employed with the employer for at least 12 months; the 12 months does not need to be worked consecutively so long as the break in employment was not longer than seven years
Employers cannot interfere with, retaliate, or discriminate against an employee attempting to assert his or her rights under the FMLA.
We are here to help. Our lawyers can help you determine if you have been unfairly terminated or demoted because you had to take leave to address a family medical issue. Please call or email us to set up a free, confidential consultation so that we may discuss your situation. Our attorneys have extensive knowledge concerning FMLA, and we will take action if a FMLA violation has occurred and protect your rights.