Practice Areas » FMLA — Family Medical Leave Act
Depending on the number of employees working for your employer at or near your work site, you may be legally entitled to take medical leave under the federal "Family Medical Leave Act". If you are entitled to take such leave, your employer cannot fire you or otherwise retaliate against you for exercising this right. This legal right also applies to "at-will" employees, and allows an employee who has been victimized by an employer that has refused to meet its obligations under this act to bring a lawsuit for damages against the employer. The employee may also be awarded attorney fees and costs.
General Provisions
An employee entitled to FMLA or CFRA leave is entitled to take a total of up to 12 workweeks of unpaid leave during any 12-month period for the following purposes:
- A serious health condition of the employee that makes the employee unable to perform the essential functions of his or her positions
- The care of spouse, son, daughter, or parent of the employee who has a serious health condition
- The birth of a son or daughter of the employee and the care of such son or daughter
- The placement of a son or daughter with the employee for adoption or foster care
Depending on the circumstances, leave authorized under FMLA does not have to be taken consecutively, but cannot exceed 12 weeks during any 12-month period.
Do I Qualify for FMLA Leave?
Employees are eligible to take FMLA leave if they have worked for their employer for at least 12 months, and have worked for at least 1,250 hours over the previous 12 months, and work at a location where at least 50 employees are employed by the employer within 75 miles.
What If I Work For a Smaller Employer, or Worked Fewer Than 1250 Hour?
If your need for medical leave was triggered because you have a medical condition that qualifies as a disability, your employer may be required to accommodate that disability by providing you medical leave, even if you are not entitled to leave under FMLA.
Advance Notice and Medical Certification
An employee seeking leave under FMLA must provide notice of his or her intent to take such leave not less than 30 days before leave is to begin or, in emergencies, as soon as is practical. Also an employer can require an employee to provide a certification from a doctor that FMLA leave is needed. The employer also can require the employee to get a second opinion from a doctor that the employer chooses and pays for.
Employer's Obligations Under FMLA
Upon returning from medical leave taken under the FMLA, the employer ordinarily must return the employee to either the same position that employee held prior to taking the leave, or to an equivalent position with the same benefits, statue, pay and other terms and condition of employment.
Job Benefits and Protection
Upon return from FMLA leave, the employee must be returned to the same position or to an "equivalent position with equivalent benefits, pay, status, and other terms and conditions of employment." An employee who takes FMLA leave is entitled to maintain health benefits coverage.
If you are experiencing any of these issues in your workplace, your employer may be violating the law. Our firm would be glad to discuss your concerns with you.
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