Are you struggling to make sense of the complexities surrounding the Family and Medical Leave Act (FMLA)?
If so, you are not alone. Navigating the FMLA can be a daunting task for both employees and employers. Depending on the location, size and type of business there are a lot of things to consider.
While at the end of the day it’s always best to get guidance from an employment lawyer to help you navigate this area of law with ease, here are some basic information to help you along the way.
What is the Family and Medical Leave Act?
The Family and Medical Leave Act is a federal law designed to provide eligible employees with job-protected unpaid leave for certain family and medical reasons. This law seeks to maintain a balance between the demands of the workplace and the needs of employees and their families.
FMLA applies to private employers with 50 or more employees within 75 miles of the worksite, as well as certain public employers.
This means that if you meet the eligibility criteria, you have the right to take unpaid leave for specific qualifying reasons without the fear of losing your job.
Eligibility and Coverage
To be eligible for FMLA, certain requirements must be met. These include working for a covered employer and meeting specific criteria regarding hours worked and length of employment.
FMLA covers various reasons for taking leave, such as the birth or adoption of a child, caring for a family member with a serious health condition, or if you have a serious health condition that prevents you from performing your job duties.
It’s important to note that there are unique provisions and exemptions that may apply to different situations. That’s why consulting an FMLA lawyer is crucial to understanding your specific circumstances.
FMLA Eligibility: Understanding Employee Benefits and Leave Options
Employees who qualify for FMLA are entitled to various benefits and leave options. Here are the eligibility criteria and the types of leave that employees can receive:
FMLA Leave Eligibility
- 12 Weeks of Leave: In a 12-month period, eligible employees can take up to 12 weeks of unpaid leave for the following reasons:
- The birth of a child and caring for the newborn within one year of birth
- The placement of a child for adoption or foster care
- Caring for a spouse, child, or parent with a serious health condition
- Having a serious health condition that prevents them from performing their job
- Qualifying exigencies arising from the military service of the employee’s spouse, child, or parent
OR
- 26 Weeks of Leave: Eligible employees can take up to 26 weeks of unpaid leave during a 12-month period to care for a service member if they are the service member’s spouse,
Employer Obligations
Under FMLA, employers have obligations to their employees. They are required to provide notice to employees of their FMLA rights and responsibilities. This includes informing employees of their eligibility for FMLA leave and providing them with the necessary forms and information.
Employers also have a responsibility to maintain accurate records of employee absences and other relevant information related to FMLA. This helps ensure compliance with the law and protects the rights of employees.
Contact Our Frisco Employment Law Attorneys Today
If you have any questions or concerns about FMLA or your company’s obligations under the law, the Frisco employment lawyers at Simon Paschal PLLC are here to help.
To schedule a consultation with our office, call (972) 893-9340 or contact us here!
