Employees have very strict rights that are set by federal law. One of these is that qualified employees are allowed to take leave under the Family and Medical Leave Act (FMLA) as long as the situation meets the requirements.
In order for an employer to be required to provide FMLA leave, the company must have at least 50 employees within a 75-mile radius. The act gives employees up to 12 weeks of unpaid leave per year. That leave is protected, so the employee can’t be fired or retaliated against because they opt to take the leave.
What are the qualifications for employees?
Employees must work for an employer for 12 months before they can take leave under the FMLA. During the 12 months prior to the leave request, the employee must have worked 1,250 hours.
Employees must have a qualifying situation in order to take the leave. Some allowable situations include a serious health condition for the employee or an immediate family member. The birth or adoption of a child also qualifies. There are also special circumstances related to injured or ill members of the military.
What are the employer’s responsibilities?
When an employee requests FMLA leave, the employer must provide a clear explanation of their rights and responsibilities. They must maintain the employee’s group health insurance under the same terms as if they hadn’t taken leave. Upon return, the employee must be reinstated to the same position or one that’s substantially equivalent.
Understanding when employees are allowed to take leave under the FMLA is critical for all employers. This can help them to avoid situations in which employees are wrongfully denied leave. It may be beneficial for companies to work with someone who can assist them with getting their policies set and to have someone to represent their best interests if they face legal action over matters related to FMLA leave.