FAMILY MEDICAL LEAVE ACT (FMLA)
The Family Medical Leave Act (FMLA) is the law that protects employees from being terminated or retaliated against for taking time off from work for personal health reasons or to take care of a family member. There are strict requests that must be met before one qualifies for the Family Medical Leave Act.
Before one qualifies for FMLA, one must be employed for one year and have worked 1250 hours in the preceding year. The employer must also have at least 50 employees to be subject to the FMLA.
The law allows and employee to take up to 90 days off in any calendar year, without pay with continued job protection. An employee is also protected from any retaliating action taken by the employer for exercising their FMLA rights.
An employee must notify their employer as soon as possible that they intend to take FMLA time off. An employer can require that the employee produce certain medical documentation. Many employees and employers are unaware of their obligation under the FMLA. Before acting on a request, both sides should consult with an expert in this field.
