The Family and Medical Leave Act (FMLA) is a landmark piece of legislation that provides eligible workers with job-protected leave for specific family and medical reasons. However, many workers are unsure about the protections afforded to employees under the FMLA and don’t fully understand their rights and responsibilities.
Who Is Eligible for FMLA Leave?
Not all employees are automatically eligible for leave under the FMLA. To qualify, you must work for a covered employer and meet specific criteria:
- You must have worked for at least 12 months for your employer
- You must have worked at least 1,250 hours in the 12 months preceding the start of your leave
- Your employer must have at least 50 employees within 75 miles of your worksite
You must meet these requirements when you begin your leave, not when you request it.
What Situations Qualify for FMLA Leave?
The FMLA allows eligible employees to take up to 12 work weeks of unpaid leave during a 12-month period for the following reasons:
- The birth of and caring for a newborn within one year of birth
- Placement of a child for adoption or foster care and caring for that child within one year of their placement in the employee’s home
- Caring for a spouse, child, or parent with a serious health condition
- Tending to a serious health condition that prevents them from performing their essential job functions
- Any qualifying urgent need arising out of a family member’s active service in the military
Additionally, eligible employees may take up to 26 work weeks of FMLA leave during a 12-month period to care for a service member in their immediate family.
Your Rights During FMLA Leave
When you take FMLA leave, you are entitled to certain protections:
- Job Protection – Upon returning from FMLA leave, you must be returned to your original position or an equivalent role with equivalent pay, benefits, and other terms and conditions of employment.
- Health Benefits – Your employer must maintain your health benefits during your leave as if you continued to work.
- No Retaliation – Your employer cannot interfere with your FMLA rights or retaliate against you for exercising your right to FMLA leave, opposing practices unlawful under the FMLA, or being involved in proceedings under or related to the FMLA.
- Intermittent Leave – In some cases, you may take FMLA leave intermittently or on a reduced schedule when medically necessary.
Notice and Certification
While the FMLA provides significant protections, it also comes with responsibilities for employees:
- Notice – If your need for FMLA leave is foreseeable, you must provide 30 days’ advance notice to your employer. If it’s not foreseeable, you must provide notice as soon as practicable.
- Certification – Your employer may require medical certification supporting your need for leave. If requested, you must provide this certification within 15 days.
Challenges and Disputes
Despite the clear guidelines set forth by the FMLA, disputes can and do arise. Common issues include:
- Disagreements over whether an employee’s condition qualifies as a “serious health condition”
- Disputes about whether an employee provided proper notice
- Allegations of employer interference with FMLA rights or retaliation for taking FMLA leave
If you are in a dispute with your employer over your FMLA rights, it’s critical to seek legal counsel to protect your rights and provide the advocacy you need.
The Importance of Legal Counsel
The Family and Medical Leave Act provides crucial protections for workers who need to balance their job responsibilities with pressing family or medical needs. Understanding your rights under the FMLA is the first step in ensuring you can take advantage of these protections when necessary. If you have questions about your FMLA rights or believe your rights have been violated, don’t hesitate to seek legal advice.
Remember, the FMLA is just one component of the law that affects you as an American worker. If you’re an employee who wants to better understand your rights, the experienced attorneys at Surovell Isaacs & Levy PLC can help. With over four decades of experience serving Northern Virginia and the Washington, DC, metro area, we’re committed to providing sophisticated legal advice and caring, efficient service. Contact us today for a consultation to discuss your legal matter.
Posted in: Employment Law