Family & Medical Leave Rights
The law provides protections to some employees to take leave from their job under certain circumstances, without fear that they won’t be allowed to later return to work. Under the Family and Medical Leave Act (FMLA), employees who have been employed for at least One (1) year in a Company that employs Fifty (50) or more employees, and who have worked at least 1,250 hours during the preceding Twelve (12) month period, are entitled to take up to Twelve (12) weeks of unpaid leave from their jobs under the following circumstances:
- for the birth and care of a newborn, or adopted, child of the employee;
- to care for an immediate family member (spouse, child, or parent) who has a “serious health condition”; or
- when the employee is unable to work because of their own “serious health condition.”
The FMLA does not require employers to provide paid time off, and employers may require that employees exhaust any accrued vacation or sick leave during the period of any FMLA leave. However, the FMLA does prohibit employers from interfering with, or retaliating against, an employee who has attempted to exercise his/her right to leave under the Act.
Significantly upon an employee’s return from a qualified FMLA leave, an employee must be restored to their original job, or to an equivalent job with similar pay, benefits, and other terms and conditions of employment. The Shavitz Law Group, P.A. has represented many employees with a variety of family and medical leave issues. If you have a concern about your employer’s denial of an FMLA leave request within the past three (3) years, or you believe you have been retaliated against for exercising your right to take time off work due to a “serious health condition,” CONTACT US today for a free consultation.
