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Know what leave rights you have as an employee

Employers have a duty to ensure that employees' rights are being upheld in the workplace. One of these is that they are due the benefits of the Family and Medical Leave Act if they meet the qualifications for it and have a situation that warrants the leave time.

There are many things that employers need to know about the FMLA. Employees who are aware of all these points can help to ensure they are getting the leave they are due.

Employees are due 12 or 26 weeks of unpaid leave, depending on the circumstances. If the employer has a health condition or has a spouse, son, daughter or parent who has a serious health issue, they are due 12 weeks of unpaid leave. Child birth, adoption or foster care placement can also qualify a person for this leave.

The 26-week unpaid leave is only applicable to care for a covered servicemember who has suffered a serious illness or injury. The employee must be the servicemember's next of kin, spouse, son, daughter or parent.

If you need to seek FMLA leave, remember that you won't get paid during the duration of the leave. However, your job must be protected while you are gone. You are also due a continuation of your group health insurance during the leave. This must have the same terms and conditions as the coverage while you were active in your job duties.

Violations of the FMLA policies aren't acceptable. Employees who aren't given leave when they are due it might choose to take legal action so they can have the issue corrected.

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