Workers have numerous rights protected by federal law. One of the most important protections relates to the need for a work-life balance. Even the most dedicated employees may occasionally require extended time away from work for personal or family reasons.
While some employees have generous paid leave benefits, not all workers have enough paid leave to attend to personal matters. Sometimes, workers may need multiple weeks away from work and they may worry about losing their jobs if they take too much time off. The Family and Medical Leave Act (FMLA) protects the right of workers to take up to 12 weeks of unpaid leave in certain scenarios.
When is a worker potentially eligible for FMLA leave?
When the company is sizable
Employers need to be large enough for the FMLA to apply. The law applies to employers, including public agencies, with 50 or more employees and with a worksite within 75 miles of the worker requesting leave. Where private employers are concerned, employers must employee 50 or more employees in 20 or more workweeks in the current or previous calendar year.
When the worker has a lengthy work history
The FMLA also does not apply to short term employees. Although the law is geared toward providing protections to qualified employees, one of the purposes of the FMLA is to ensure that employees have demonstrated a commitment to the employer before becoming eligible for FMLA leave. As a practical matter, companies may find it difficult to manage a workforce and provide extensive leave to new employees. The FMLA only applies to those who have worked for an organization for at least a year.
Even then, employees must have to have enough paid hours on record to be eligible for leave. A worker typically needs to have performed at least 1,250 paid hours of work within the last 12 months for the FMLA to protect their right to leave.
When a worker meets the qualifying criteria
FMLA leave is available to employees in four separate circumstances. First, the FMLA provides leave for the birth of a child or placement of the child with the employee for adoption or foster care. Second, the FMLA provides leave to employees to care for family members (a spouse, child, or parent) who has a serious medical condition, whether physical or mental. Third, the FMLA provides leave to employees who are unable to work at least 3 consecutive days due to a serious health condition requiring qualifying treatment. Such leave applies whether the serious health condition is personal or related to work. If the serious health condition is work related, employers should be aware that FMLA leave and workers’ compensation disability leave can be, and should be, run concurrently. In addition, because the FMLA regards serious health conditions, FMLA protections may intersect with other disability laws, such as the ADA. Finally, FMLA leave is available for a family member’s service in the military, which service results in leave for foreign deployment or military caregiver leave.
Employers must support employees who require FMLA leave and must be cognizant that denied leave requests may invite claims of discrimination. Of course, the FMLA prohibits retaliation on the basis of an FMLA leave request and employers should NEVER retaliate against an employee for invoking his/her FMLA rights.