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The Family and Medical Leave Act (FMLA) is a crucial piece of legislation designed to help employees balance their work and personal lives without fear of losing their jobs. At the Gould Firm, we believe that understanding your rights under the FMLA is essential for ensuring fair treatment in the workplace. This blog post will provide an overview of the FMLA, including eligibility, benefits, and the protections it offers.
Enacted in 1993, the FMLA allows eligible employees to take unpaid, job-protected leave for specified family and medical reasons. The purpose of the act is to help employees manage serious health conditions or family responsibilities while maintaining job security.
To be eligible for FMLA leave, an employee must:
· Work for a Covered Employer: Employers with 50 or more employees within a 75- mile radius are required to comply with the FMLA.
· Have Worked for the Employer for at Least 12 Months: These months need not be consecutive.
· Have Completed at Least 1,250 Hours of Service: This must be within the 12 months prior to the start of the leave.
Eligible employees can take up to 12 weeks of unpaid leave within a 12-month period for the following reasons:
· Birth and Care of a Newborn: This includes both mothers and fathers.
· Adoption or Foster Care Placement: To bond with a newly placed child.
· Serious Health Condition: When the employee is unable to perform their job due to a serious health condition.
· Care for an Immediate Family Member: When a spouse, child, or parent has a serious health condition.
· Military Family Leave: For qualifying exigencies related to a family member’s military service.
Additionally, employees may take up to 26 weeks of leave in a single 12-month period to care for a covered servicemember with a serious injury or illness.
The FMLA provides several important protections and benefits, including:
· Job Protection: Employees are entitled to return to their same or an equivalent job at the end of their leave.
· Continuation of Health Benefits: Employers must maintain the employee’s health coverage under the same terms as if they had continued working.
· Protection from Retaliation: Employers are prohibited from retaliating against employees for taking FMLA leave or for exercising their FMLA rights.
To request FMLA leave, employees should:
· Notify Their Employer: Provide 30 days’ advance notice if the need for leave is foreseeable. If not, notify the employer as soon as possible.
· Provide Sufficient Information: Include enough details about the reason for the leave so the employer can determine if it qualifies under the FMLA.
· Submit Medical Certification: If requested by the employer, provide certification from a healthcare provider supporting the need for leave.
While the FMLA provides significant protections, navigating its complexities can sometimes be challenging. Employers are required to:
· Inform Employees of Their FMLA Rights: Employers must provide information about FMLA rights and responsibilities.
· Designate FMLA Leave: Notify employees if their leave will be designated as FMLA leave and provide the amount of leave counted against their FMLA entitlement.
· Maintain Records: Keep detailed records of FMLA leave taken by employees.
At the Gould Firm, we are committed to advocating for employees’ rights under the FMLA. We understand the importance of balancing work and personal responsibilities and strive to ensure that employers uphold their obligations under the law. Our experienced employment law
attorneys provide guidance on FMLA eligibility, assist with leave requests, and represent employees in disputes over FMLA rights.
If you believe your FMLA rights have been violated or need assistance understanding your entitlements, the Gould Firm is here to help. We work tirelessly to support and protect the rights of the people we represent, ensuring fair treatment in the workplace. Contact us today for a consultation and take the first step toward safeguarding your rights under the FMLA.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
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