Some employees have comprehensive employment benefits packages that include paid leave. They can schedule vacations or take sick days as necessary. Some employees even have access to paid parental leave after the birth of a child.
Unfortunately, some people find themselves facing personal challenges or medical issues that take them away from work for longer than they can offset with paid leave benefits. Many others do not have paid leave benefits to help them if they are ill or need to take care of their families.
The Family and Medical Leave Act (FMLA) is a crucial federal law that protects the rights of many employees to take unpaid leave. Those hoping to use this law to preserve their employment during challenging personal times generally need to meet all three of the criteria below.
Maintaining a job for an adequate amount of time
One of the most important requirements established under the FMLA is that a worker generally needs to have a lengthy employment history with the company. Specifically, they generally need to have worked at least 1,250 hours within the last year to qualify for FMLA leave. Typically, they need to have been with the company for at least 12 months. Workers who have some kind of medical emergency the month after starting a new job may not be eligible for FMLA leave.
Working for a large enough company
Holding a vacant position for a worker or training a temporary replacement could be a source of financial hardship for a smaller company. The FMLA tries to balance the needs of workers with the needs of businesses. The company typically needs to have at least 50 employees within 75 of the location of the worker requesting leave for the FMLA to apply.
Facing specific personal challenges
The FMLA only protects those in certain unique personal and family circumstances. People can request leave due to the symptoms of their medical issues or to undergo treatment for their health challenges. They can also ask for leave after the birth of a child or the placement of a child in their home through foster services or adoption. The third qualifying personal situation is when an immediate family member such as a child, parent or spouse needs medical support. If the situation doesn’t fall into one of those categories, then the FMLA may not apply.
Employees who qualify for FMLA leave should not face retaliation or punishment for asserting their basic workplace rights. Understanding the rules imposed on FMLA leave requests can help workers recognize when a violation of their rights may have occurred.