How To Know If You’re Entitled To FMLA

The Family and Medical Leave Act (FMLA) is a federal law that allows employees to take time off for various reasons. With FMLA, employees will have the ability to be reinstated in their current position upon their return. However, there are other requirements that an employee must meet in order to qualify for FMLA.

FMLA Requirements

An employee is eligible for FMLA if they:

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

FMLA allows entitled employees up to 12 weeks of unpaid leave for a variety of reasons, such as the following:

  • 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
  • To prepare for a family member’s military service leave

On most occasions, an employee is entitled to 12 weeks of unpaid leave in a 12-month period, but there may be scenarios in which a person may be able to take more. For example, if another family member was injured during active military duty, or the same family member was injured during another tour, an employee is qualified to take up to 26 weeks of unpaid leave, but it still must be in a single 12-month period.

A benefit of taking FMLA is that eligible employees will be able to continue their current health insurance, paying the same rate as they did while they were working. However, employees that have paid time off available are usually required to use their accrued vacation or sick pay when they take their leave.

If you feel that you have unfairly been denied FMLA leave, contact an employment attorney immediately. The attorneys at Maduff & Maduff specialize in a variety of employment related issues, including FMLA. Contact us today to get help with your employment law needs.