Five Things You Need to Know About the FMLA

Business lawyer ohio

The Family and Medical Leave Act (FMLA) took effect in 1993 in an effort to balance efforts between the demands of the workplace and the medical needs of both employees and their families. However, that doesn’t mean that everyone necessarily understands the process right away.

Like most other pieces of legislation, this act has its ins and outs, which FMLA attorneys must understand. Regardless, it’s important for you as an employee to understand as well. Here are five things you need to know about the FMLA.

Not Every Employee is Eligible

Contrary to popular belief, just because you have a job doesn’t mean you qualify for FMLA. FMLA lawyers frequently need to explain this, and the requirements are as follows: you must have been working for your current employer for 12 months, for a total of 1,250 hours, or approximately 156 days when translated from eight hours Monday through Friday.

You May Have to Use Paid Leave First

Unfortunately, some employers will require you to use any paid leave that you have before utilizing leave under the FMLA. Even if your employer doesn’t require it, using what paid leave you have could be beneficial for multiple financial reasons.

You May Need to Provide Proof of a Serious Medical Condition

When it comes to the health of your family and yourself, this can be a tricky situation. Although the law doesn’t require you to submit proof of serious issues, your employer might. In order to provide this information, you need to obtain a certification from your health care provider.

You Are Guaranteed a Job Upon Your Return

While you may be guaranteed a job upon returning, it may not necessarily be the same job as before. This may seem like a violation of disability discrimination law or cause to file FMLA violation cases, but the law doesn’t necessarily state that you will be guaranteed the exact same position.

You May Request Additional Time for Military Care

If you area service member’s child, spouse, parent, or nearest blood-relative, FMLA attorneys will inform you that you are allowed to take up to 26 weeks of leave in a 12-month period to care for them, provided that they are suffering from a serious illness or injury.

FMLA law can be complex at times, but if you have any further questions, it’s important to speak to an FMLA attorney as soon as possible. Learn more.

Leave a Reply

Your email address will not be published.