If you are an employee it is important for you to know about the Family Medical Leave Act (FMLA). The law allows employees to take time off to care for ill family members or to recover from serious health issues themselves.
But as any law, there are requirements and exceptions not visible at the first glance.
So, if you are wondering whether the FMLA can work for you or not, you are in the right place to find it out.
Getting a Time Off
Which is going to be unpaid. The FMLA gives you the right to take a leave up to 12 weeks. However, there are some eligibility criteria you should be familiar with. For example, to get a leave you should work at a company with more than 50 employees during the 20 weeks of the current or previous year.
Moreover, you should have worked for the company for at least a year, having worked 1,250 hours during the previous year. Check with other eligibility criteria for the FMLA.
Another thing you have to understand is the circumstances in which the FMLA applies. To start with, it only works in the case of serious health issues and emergencies. You might wonder how exactly how the seriousness has to be measured. Hospitalization and multiple continuing treatments are usually the key determiners.
Taking a leave during pregnancy, after childbirth and adoption is also possible. That way the FMLA becomes a part of maternity or paternity leave. Moreover, the leave does not only apply to children, but to one’s parent or spouse as well.
Your Job, Your Benefits
This might be the most likable aspect of the FMLA for you. Your job should stay safe during and after the leave. You should be either restored to your previous position or receive an equivalent one. But what about the benefits? If you are worried whether you will still have health insurance during the FMLA, know that you will.
Taking the FMLA Once or Periodically
If there is a cause for you to take the FMLA, you can as well do it intermittently. Meaning, you can take the leave in separate periods of time. Or you can create a reduced leave schedule. In that case, the employer will reduce your daily or weekly work hours. If there is a planned medical treatment ahead, which will influence your leave dates, then you should let the employer know in advance for the sake of no disturbing any workflow plans.
Standing up for Your Rights
Given all the conditions and requirements, the FMLA has caused a lot of employment debates. An unlawful employer can easily manipulate you if you do not know all the details of the law. So, to get what you need, the best option is to contact an experienced local employment lawyer to help you out.
Margarian Law is a California based full-service law firm that has some of the best employment lawyers available. Put your trust in them and they will make sure you get the leave you deserve.