Hogan & Pritchard PLLC
Hogan & Pritchard PLLC
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Hogan & Pritchard PLLC

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  5. When do workers have the right to take unpaid leave?

When do workers have the right to take unpaid leave?

On Behalf of Hogan & Pritchard, PLLC | Nov 15, 2025 | Employment Law For Employees |

Many professionals receive benefits packages from their employers that include paid leave. They can take time off when they are sick or schedule a vacation. However, even the most generous paid leave plan may fall short in cases where there are major changes to a working professional’s life. Many workers do not receive any paid time off benefits, leaving them at risk of job loss if they require extended leave.

In some scenarios, professionals might request unpaid leave as a means of attending to their personal matters without losing their jobs. The Family and Medical Leave Act (FMLA) allows certain professionals to take unpaid leave from their jobs.

Who might be eligible for FMLA leave?

As a general rule, those requesting unpaid FMLA leave usually need to have maintained their jobs for at least a year. They have to have worked a minimum number of hours in the prior year as well.

Their employer must have at least 50 workers within 75 miles to be able to accommodate the leave request. The employee also needs to experience a specific qualifying situation.

The FMLA protects workers who must undergo medical care or recover from an illness. Workers can also take up to 12 weeks of unpaid leave to provide medical support for an immediate family member. Childbirth, adoption or foster placement also justify FMLA leave requests.

Professionals who qualify can take FMLA leave without risking their careers. Workers struggling to navigate leave negotiations for dealing with retaliation after taking leave may need help holding their employers accountable and asserting their employment rights, and that’s okay.

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