The Family Medical Leave Act or FMLA, is a federal law which provides short term leave for employees. The law has many requirements for employers and employees. Today’s employment law blog discusses how employees can use FMLA leave and what employers must do under the law.
The FMLA allows eligible employees to take up to 12 weeks of leave to care for their own serious medical condition, to care for a family member’s serious medical condition, or for the birth and care of a newborn or newly adopted child. Eligible employees must have worked for at least the preceding 12 months for the employer, and must have worked at least 1250 hours during those months. The employer must employ at least 50 employees for the FMLA to apply to it.
Employers are not required to pay employees during FMLA leave. Employers, however, must reinstate employees who have taken FMLA leave to the same or similar position which the employee held before leave. Employers may not interfere with an employee’s use of FMLA leave nor may an employer retaliate against an employee who has exercised FMLA rights.
Oftentimes, when employment disputes arise from FMLA use, disability discrimination is also a lurking issue. If you use FMLA leave to care for your own medical condition, it is advisable to consult with an employment lawyer to understand your rights.
If you have questions about the FMLA or about taking leave from a job, contact Famighetti & Weinick, PLLC, employment lawyers on Long Island, at https://www.linycemploymentlaw.com or 631-352-0050. We offer free consultations.