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Your rights to leave under FMLA

| May 13, 2019 | Wrongful Termination |

No one ever plans for health or family issues to arise, yet they do, and oftentimes they will require your full and undivided attention. That may leave little for you to expend in fulfilling the duties of your employment. The hope is that when such issues do present themselves, your employer will be understanding and not only afford you the time off needed to attend to them, but also welcome you back when said issues have been dealt with. Many come to us here at The Law Office of Jeffrey D. Fulton concerned that such understanding will not be extended to them. If you share the same worry, you will be happy to learn that your employer does not have the choice: it is required by federal law. 

According to the U.S. Department of Labor, The Family & Medical Leave Act mandates that employers provide employees with up to 12 weeks of leave every year to deal with family or health concerns. All of the following types of organizations are subject to FMLA’s regulations: 

  • Public agencies
  • Public and private elementary and secondary schools
  • Companies with more than 50 employees

You become eligible for leave under FMLA once you have worked for a company for 12 months of for 1,250 cumulative hours. 

Approved reasons for taking FMLA leave are the birth of a new child (or the adoption of child or the placement of a child in foster care), to deal with a serious medical condition, or to care for a family member suffering from such a condition. Once you have returned from leave, the law requires that you be placed in either the same position that you left or one that is similar in terms of responsibility, salary, hours and location. 

More information on your employment rights can be found throughout our site.