The Family and Medical Leave Act (FMLA) is a federal law that protects the right to take unpaid leave. Employers have an obligation to honor FMLA leave requests when the law applies. They should allow workers to come back to their jobs without facing retaliation for taking leave.
What basic standards determine whether or not an employee can request FMLA leave?
1. Qualifying circumstances
There are three scenarios in which FMLA leave is available. Workers can ask for FMLA leave when they need medical care, must provide a family member with medical support or have just added a child to their family.
2. A large enough employer
For the FMLA to apply, a business must be large enough to absorb the cost and disruptions associated with a worker taking unpaid medical leave. Typically, that means that the business must have at least 50 workers within 75 miles of where the employee generally performs their job.
3. Sufficient work history
A professional must have an established presence at a company for FMLA leave to be an option. If a pregnant woman takes a new job during her second trimester, the FMLA likely does not apply to her. Generally speaking, a worker must have been with the company for at least a year and must have performed at least 1,250 hours of paid work in the preceding 12 months to be eligible.
Understanding the rules for FMLA leave can help people recognize when companies may have violated their rights. An attorney can be helpful in cases where workers struggle to secure the leave that they need and/or face retaliation after making a leave request.