Balancing work and personal responsibilities can be challenging, especially when facing family emergencies or health issues. The Family and Medical Leave Act (FMLA) provides eligible employees with job-protected leave to care for themselves or their loved ones during such times. Understanding your rights under the FMLA is crucial to ensuring your employment is not unfairly jeopardized during these critical moments.
What Is the Family and Medical Leave Act?
The FMLA is a federal law that entitles eligible employees to take up to 12 weeks of unpaid, job-protected leave in a 12-month period for specific family and medical reasons. It also ensures that group health benefits continue during the leave. Qualifying reasons for FMLA leave include:
• The birth of a child or care for a newborn within the first year of life. • Adoption or foster care placement of a child. • Caring for an immediate family member with a serious health condition. • Recovering from a personal serious health condition that prevents you from performing your job duties. • Addressing qualifying exigencies related to a family member’s military service.
In certain cases, FMLA also provides up to 26 weeks of leave to care for a covered service member with a serious injury or illness.
Eligibility for FMLA Leave
Not all employees are automatically eligible for FMLA leave. To qualify, you must meet the following requirements:
• You have worked for your employer for at least 12 months. • You have worked at least 1,250 hours during the previous 12 months. • Your employer has at least 50 employees within a 75-mile radius.
While FMLA leave is unpaid, some employers may allow or require you to use accrued paid leave (such as vacation or sick days) during your FMLA leave.
What Are Your Rights Under FMLA?
Employees on FMLA leave are entitled to several protections, including:
• Restoration to the same or an equivalent position upon returning from leave. • Continuation of group health insurance benefits during leave. • Protection against retaliation or discrimination for taking FMLA leave.
If your employer interferes with your ability to take FMLA leave or retaliates against you for exercising your rights, you may have grounds for a legal claim.
How Castronovo & McKinney Can Help
At Castronovo & McKinney, LLC, we are dedicated to protecting the rights of employees who rely on FMLA leave. Our experienced attorneys can help you:
• Determine your eligibility for FMLA leave. • Navigate the process of requesting and documenting your leave. • Challenge any wrongful denial of leave or retaliation by your employer. • File claims for damages if your rights have been violated.
We understand the emotional and financial stress that comes with family and medical emergencies. Our team works tirelessly to ensure you’re treated fairly and that your employer complies with the law.
Protect Your Rights Under FMLA
If you’ve been denied FMLA leave or faced retaliation for taking it, don’t hesitate to take action. Contact Castronovo & McKinney, Employment Law Attorneys for expert legal advice. Let us help you protect your job and secure the time you need to care for yourself and your family.
