The Family and Medical Leave Act provides for unpaid leave from employment to eligible employees under specific circumstances.
The FMLA requires that if an employee returns from FMLA leave before the leave expires or when it expires, the employee be reinstated to his or her same (or substantially similar) position at the same rate of pay.
Employees are eligible for FMLA if they:
- are employed by an employer having 50 or more employees in a 75 mile radius
- have been employed by the employer for a minimum of 12 months (which does not have to be continuous); and
- have worked at least 1,250 hours during the 12 months immediately preceding the leave.
If those criteria are met, the employee is eligible for FMLA leave.
Under the FMLA, eligible employees are entitled to take unpaid leave, up to 12 weeks in any 12-month period, for a qualifying event. A qualifying event includes the birth or adoption of a child and the need to care for the serious illness of your own or an immediate family member (spouse, child, parent).
A less-known circumstance covered under the FMLA is any qualifying event arising out of the fact that the employee’s spouse, son, daughter, or parent is on active duty or has been notified of an impending call or order to active duty in the U.S. National Guard or Reserves. Many employees are unaware that FMLA leave can be taken intermittently. That is, an employee can use less than the full 12 weeks for events, such as doctors’ and therapy appointments, outpatient medical procedures, etc., that relate to the serious medical condition of your own or an immediate family member.
If you believe you have been terminated to prevent you from taking FMLA leave, or if your employer has failed to reinstate you upon return from FMLA leave, call Florin Roebig for a free consultation at (727) 786-5000 or submit information about your case for evaluation on our Contact page.