Do I Qualify For FMLA?

What Is FMLA?

The Family and Medical Leave Act (FMLA) is a federal program that was developed for full-time employees that allows them to take time off for specific familial or medical reasons, and allows them to be reinstated in their current position upon their return from their leave.

What Is Covered Under FMLA?

Under FMLA, eligible employees may take up to 12 weeks of unpaid leave for reasons such as: the birth or bonding of a new child, a serious health condition, to care for an ill or injured family member, to help care for a family member that was injured during active military service, or to prepare for a family member’s military service leave.

There may also be occasions in which a person may be allowed take more than the typical 12 weeks leave. If another family member was injured during active military duty, or the same family member was injured during another tour, an employee will qualify to take up to 26 weeks of unpaid leave in a single 12-month period.

What Are The FMLA Qualifications?

First of all, an employer must have a minimum of 50 employees, for a minimum of 20 weeks in the current or previous calendar year, in order to meet the federal FMLA guidelines.

If an employer does meet the above qualifications, their employees may be eligible for FMLA, but only if they meet the following criteria:

  • Must have worked for the same company for at least one year.
  • Must have worked a minimum of 1,250 hours during the previous year.
  • Must have worked for a company that has a minimum of 50 employees, and must be within 75 miles.

If you feel that you have unfairly been denied FMLA leave, contact your local employment law attorney. Maduff & Maduff specializes in a variety of employment related issues from overtime and wage theft, to discrimination, to FMLA rights, we guarantee to help fight for your employment rights.