Employees all have lives outside of work, and there are times when real life doesn’t mesh well with work. Sometimes, employees may need to take time off work to deal with their own medical needs or the needs of their immediate family.
This is when the Family and Medical Leave Act (FMLA) comes into the picture. FMLA is a federal law that provides employees who are eligible with the ability to take unpaid time off to handle covered matters.
What does the FMLA cover?
Under the FMLA, employees can take up to 12 weeks of leave in a 12-month period. That time is unpaid, but it comes with specific protections like being able to return to the same or a comparable position. There are also protections for other benefits, such as retaining healthcare coverage.
In order to be eligible for FMLA leave, the worker has to need the time off for a covered situation. These include:
- The birth of a child and caring for that child
- The placement of a child with you for adoption or foster care
- Caring for your spouse, child, or parent who has a serious health condition
- Your own serious health condition that makes you unable to work
- Certain needs arising from a family member’s active duty military service
In some cases, if you’re caring for a covered service member with a serious injury or illness, you may be entitled to up to 26 weeks of leave in a single 12-month period.
Who is eligible for FMLA?
Only certain employees are eligible for FMLA. The qualifications for FMLA include:
- Work for an employer covered by the FMLA, which includes private employers with at least 50 employees, or public agencies and schools
- Have worked there for at least 12 months, which don’t have to be consecutive
- Have worked at least 1,250 hours during the 12 months before your leave
- Work at a location where the employer has at least 50 employees within 75 miles
FMLA leave is a right for covered employees. Employees who aren’t provided with the leave they’re due may opt to pursue legal action. It may be beneficial to work with someone familiar with these matters.