Common Questions Related to the Family and Medical Leave Act
What is the Family and Medical Leave Act (FMLA)?
The Family and Medical Leave Act requires that covered employers provide up to 12 weeks of unpaid leave to eligible employees within a 12-month period. The law requires that an individual requesting paid leave personally have, or have a dependent with, a "serious medical condition."
Who is eligible for unpaid leave?
An employee is eligible and must be granted unpaid leave after he or she has been employed for 12 months or more and has worked at least 1,250 hours in the year preceding the request for leave.
What qualifies as a serious medical condition?
A serious medical condition entails a medical emergency or medical necessity. For example, some clients may have suffered a car accident or have a spouse or husband who needs special treatment or surgery. Employees can also use FMLA to care for a sick child or to take pregnancy leave.
Are all employers required to follow FMLA?
No, FMLA applies to larger privately owned businesses as well as public entities. The Family and Medical Leave Act (FMLA), applies to private employers with 50 or more employees within 75 miles of the facility or office.
Can I take FMLA to care for a member of my extended family?
No, FMLA does not apply to extended family members. It applies to parents, children, and your spouse.
Can I take intermittent leave for a serious medical condition?
Yes, intermittent or reduced schedule leave may be taken when medically necessary to care for a seriously ill family member or because of the employee's serious health condition.
What can I do if I have been denied FMLA eligibility?
If you qualify for FMLA and your employer has wrongfully denied your request, you should consult with an experienced lawyer as soon as possible. Our legal team at Kocurek & Krudop, P.C. is committed to protecting the rights of our clients in all employment legal matters, including FMLA cases.
What are my remedies or options if I have suffered retaliation for requesting leave?
Depending on your particular circumstances, the damage that has been done to your employer-employee relationship may mean that reinstatement is not a viable option. Our goal is to help you obtain monetary damages for lost wages and additional burdens or financial losses.
