THE “INS AND OUTS” OF FMLA: THE FAMILY AND MEDICAL LEAVE ACT
What is FMLA?
FMLA stands for Family and Medical Leave Act of 1993. It is a Federal Law.
What does FMLA do?
FMLA is a federal law that ensures covered employers provide their employees with job-protected and unpaid leave for qualified family and medical reasons.
What are the qualifications of FMLA?
FMLA protects the employment of a worker who misses work due to reasons such as:
- Needing to care for an injured service member in the family
- The birth of a child
- An immediate family member’s serious health condition
- One’s own serious health condition
Employees are eligible to take FMLA leave if they have worked for over 1,250 hours over the last 12 months, and have been with their employer for at least 12 months prior to leave.
If applicable, how does FMLA help you?
If the FMLA applies your employer must give you up to twelve workweeks of unpaid leave each year with no threat of job loss. The FMLA also requires that employees covered by the law maintain health benefits for eligible workers during their FMLA leave just as if they were working.
Will my employer let FMLA apply to me?
If you are covered by the FMLA, the law states that the employer many not “discharge or in any other manner discriminate against any individual” who takes or asks for FMLA leave. Note that if you work for a covered employer, but don’t qualify for FMLA, you can be denied FMLA leave as an Employee Not Eligible.
What if my employer doesn’t approve FMLA?
If you are eligible for leave and are denied, you may have a claim for FMLA interference. Not sure if you are eligible for FMLA? Ask an employment lawyer.
How do I know if I have a claim for FMLA interference or retaliation?
To make a FMLA retaliation claim, you must show your employer was aware you were exercising your FMLA rights; your employer took an adverse employment action against you and there was a causal connection between the employer’s action and the exercise of your FMLA rights.
How do I begin the process of suing for FMLA retaliation?
Due to an employee having certain obligations under FMLA, the first step is to contact an employment lawyer. Once you have obtained an employment attorney, you can move forward with taking action against your employer for retaliating against you for asking or taking FMLA leave.