When does FMLA apply to a leave from work?

There are certain life circumstances and events that qualify for an approved absence from work under the protections of the Family and Medical Leave Act. While an employee is not required to be paid during this time, you are still insured.

Whether your company is governed by FMLA requirements depends on a few factors; its size, whether or not it is a public agency or is an elementary or secondary school. In businesses where FMLA is in place, they are required to offer a maximum of 12 weeks of leave if family or medical reasons necessitate it. Such circumstances that could qualify for FMLA are:

  • If the employee or his or her family is adopting or fostering a child that will be placed with them during this time.
  • If the employee is having a baby.
  • To provide care for a child, spouse or parent suffering from a medical condition deemed to be serious.
  • For medical leave if the employee is too sick to work.

When FMLA adherence is required by a company, an employee may still be ineligible unless they meet specific qualifications, primarily:

  • If the employee requesting time off through FMLA has been an employee for at least one year.
  • If the employee requesting leave has put in at least 1,250 compensable work hours.

If your employer denies your leave under FMLA or limits the time allowed, you may benefit from the help of an employment law attorney in Indiana. If you need to pursue reinstatement of your job or compensation for damages resulting from employee discrimination or denial of rights and meet these requirements, you may have a strong case.

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