Qualified employees of employers covered by the FMLA are entitled to up to 12 weeks of leave in a 12-month period for certain qualifying reasons. Minimally, FMLA leave is unpaid and job-protected with continuation of group health insurance coverage. FMLA leave may be taken for the birth of a child and to care for the newborn child within one year of birth; the placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement; to care for the employee’s spouse, child, or parent who has a serious health condition; a serious health condition that makes the employee unable to perform the essential functions of his or her job; or any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on covered active duty.
Qualified employees of covered employers may also be eligible for 26 workweeks of leave during a single 12-month period to care for a covered servicemember with a serious injury or illness if the eligible employee is the servicemember’s spouse, son, daughter, parent, or next of kin (military caregiver leave).
Covered employers are generally those who employ 50 or more employees within a 75-mile radius of the employee’s workplace. Qualified employees are generally individuals who have been employed at least 12 months for the employer and have worked at least 1,250 hours during the 12-month period before the start of the leave.
Both the employer and employee have certain rights and responsibilities when it comes to FMLA leave requests. Primarily, these obligations require them to comply with applicable notice and medical certification regulations.
Violations of the FMLA may occur when the employer fails to comply with its notice obligations; restrains or interferes with the employee’s rights as protected by the FMLA; discriminates against the employee for exercising FMLA rights; or retaliates against the employee for exercising FMLA rights. If your FMLA rights have been violated, contact an employee rights attorney to protect your rights!
We invite you to contact us if you believe that your FMLA rights have been violated.