Employees sometimes need to take time off work because they get sick or a loved one gets sick. Some employees have the right to take leave from work under the Family and Medical Leave Act (FMLA).
FMLA allows them to take unpaid time off work for qualifying conditions. It applies to individuals who work for a covered employer and who meet certain requirements. The leave is unpaid and can last up to 12 weeks, but there’s a 12-week limit per 12-month period.
Who can take FMLA leave?
Employees who work for a company that has at least 50 employees within 75 miles are eligible for leave if they meet these requirements:
- Have worked at least 1,250 hours within the past year
- Have worked for the employer for at least 12 months
- Have a qualifying situation
Eligible employees can take leave if they have a serious health condition that needs care or to care for a spouse, parent or child who have one. They can also take leave for the birth, foster care placement or adoption of a child. There are also leave circumstances for servicemembers who are seriously ill or injured.
Once the employee returns to work after leave, they must be placed in the same position or a comparable one. All medical benefits must continue with the same terms as if the employee was still working. If there are any issues with this leave, the employee may opt to take action against the employer.
