The Family and Medical Leave Act (FMLA) is a law that grants employees the right to take unpaid leave with job protection for specific family and medical reasons. Understanding your rights and responsibilities under the FMLA is crucial to ensuring that you can use this time to care for yourself or a loved one when needed.
Workers’ Rights Protected by the FMLA
First and foremost, it’s important to note that not all employees are eligible to take this type of leave. Those eligible must meet specific criteria, such as having worked for their employer for at least 12 months and having logged at least 1,250 hours during the previous year. Additionally, their employer must have at least 50 employees within a 75-mile radius.
By meeting these specifications, workers are entitled to up to 12 weeks of unpaid leave within 12 months for specific family and medical reasons. These reasons include the inability to work due to a severe health condition, needing to care for a spouse, child, or parent with a severe health condition, the birth of a child and caring for him or her and adopting a child to have the appropriate time to bond.
Thanks to the FMLA, your job is protected in these situations. After taking your leave, you can return to the same position or an equivalent one with the same salary, benefits, and working conditions.
Your Responsibilities as an Employee
Employees also have responsibilities, such as notifying their employer 30 days in advance if the situation for which they want to take leave is foreseeable, such as undergoing planned medical treatment or the birth of a child. If the leave is unpredictable, they should try to notify their employer as soon as possible.
You must also provide medical proof of your condition or that of a loved one to show your employer that you genuinely need the leave if requested.
Upon returning from your leave, your employer may ask you to demonstrate that you can safely return to work and perform the activities you were engaged in if the rest was taken due to your serious health condition.
How to Ensure the Protection of Your Rights
Understanding your rights and responsibilities to fully enjoy the benefits of the FMLA is vital to making the most of this valuable labor law. If you have issues or believe your rights are violated, resources such as the U.S. Department of Labor can provide guidance and assistance.
Alternatively, we recommend contacting a labor law attorney who can legally guide you in understanding how to defend your rights in case of injustice against you. Do not hesitate to contact Lara & Luna APC to receive the support you deserve. We will tirelessly fight to ensure your rights are respected.