Family and Medical Leave Act (FMLA) was designed so that eligible employees are able to take unpaid leave for certain reasons without the fear of losing their job. The leave period can be used for serious health conditions, the birth of a child, adoption, or foster care placement of a child. If you are dealing with a serious health issue or if your family needs your attention, it’s essential to understand your rights under FMLA.
Navigating FMLA can be a challenge for both employees and employers. To help you understand the FMLA process and protect your rights, we’ve put together a guide for employees and employers. Contact PLBH at (800) 435-7542 if you require a free legal consutlation with an attorney who can help you file a claim.
What is FMLA?
FMLA is a federal law that requires employers with 50 or more employees to provide up to 12 weeks of unpaid leave for eligible employees. The law allows employees to take leave for specific reasons, including the birth or adoption of a child. It also covers caring for an immediate family member who has a serious health condition, or dealing with a personal serious health condition that affects the ability to perform essential job functions.
Who is Eligible for FMLA?
To be eligible for FMLA, employees must meet specific criteria. First, they must have worked for their employer for at least 12 months, which does not have to be consecutive. Second, they must have worked at least 1,250 hours during the previous 12 months. Third, their employer must have at least 50 employees 75 miles of their worksite.
How to Request FMLA Leave?
Employees who wish to take FMLA leave must provide their employers with a 30-day notice. If that’s not possible, employees must provide notice as soon as possible. When requesting leave, employees must provide sufficient information to allow their employer to understand the nature of the leave.
How Does FMLA Leave Work?
The FMLA provides eligible employees with as many as 12 weeks of unpaid leave within a specific 12-month period. Employers have the option to require their employees to use accrued vacation or sick leave during this time. During this period, employers must continue to provide health insurance. The employee must keep paying their share of the premiums. Upon the end of the leave, employees must either be given their old job back or be given an equivalent position.
What are the Employer’s Obligations Under FMLA?
Employers must follow specific obligations under FMLA. First, they must post notices in the workplace informing employees of their rights under FMLA. Second, employers must provide eligible employees with 12 weeks of unpaid leave for qualifying reasons. Third, employers must continue to provide health insurance benefits during the leave period. Fourth, employers must reinstate employees to their previous position or an equivalent position at the end of the leave period.
What Happens if Employers Violate FMLA?
If employers violate FMLA, employees can file a complaint with the Department of Labor or file a lawsuit in court. If the court determines that the employer has violated FMLA, they may be required to provide back pay, benefits, and damages.
In conclusion, navigating family and medical leave can be challenging for both employees and employers. However, understanding the FMLA process can help employees protect their rights and employers avoid violating the law. If you need a free legal consultation, contact PLBH at (800) 435-7542.