The Family and Medical Leave Act (FMLA) provides that if you are a qualified employee you may take up to 12 weeks leave during a 12 month period for your own serious health condition or that of certain family members. The FMLA allows employees to take unpaid time off as medical leave for themselves, or as family leave if the employee needs to care for certain family members, or for the birth or adoption of a child. Under most circumstances, the FMLA requires that you be restored to your current position when you return from FMLA leave.
To qualify for FMLA leave, your employer must be covered by the FMLA. Generally, employers with 50 or more employees within a 75-mile radius of an employee’s worksite are covered employers. If the employer is covered by the FMLA, the employee requesting leave under FMLA must have worked for the employer for one year and have worked at least 1250 hours during the prior 12 months.
Once established that the employer is a covered employer and the employee is qualified for FMLA, an employee can apply for FMLA leave to be taken continuously or intermittently depending on health needs. In every case, there are detailed procedures that must be followed correctly to ensure protection under the FMLA.
If you have questions about qualifying for FMLA leave, if you have been denied leave to which you believe you are entitled, if you have been denied your job restoration rights, or if you have suffered retaliation for requesting or taking FMLA leave, please call (470) 823-4000.