The Family Medical Leave Act (FMLA) protects the rights of eligible employees to take family and medical leave without losing their jobs or group health insurance. To be eligible for FMLA leave, you must be employed for 12 months and have worked 1,250 hours during that time prior to taking leave.
FMLA applies to employees who need to take family or medical leave for:
The birth or adoption of a child.
A mother may take up to 12 weeks of FMLA leave following the birth of a child and a father may also use FMLA leave to care for a newborn child or to provide care for his spouse if she is incapacitated due to pregnancy or childbirth. However, if both parents work for the same company, only one may qualify for FMLA leave related to the birth of a child.
FMLA leave is also available for employees who adopt a child or have a foster child placed in their home. Qualifying employees may take up to 12 weeks of FMLA leave up to one year after a child is placed through adoption or foster care.
To care for a seriously ill spouse, child, or parent.
Employees may request FMLA leave to care for a family member with a serious health condition; however, the family member must be either a spouse, child, or parent of the employee.
A serious health condition that affects your ability to do your job.
Employees who are unable to perform essential job functions due to their own serious health condition may qualify for FMLA leave. Under the FMLA, a “serious health condition” is defined as "an illness, injury, impairment, or physical or mental condition that involves inpatient care in a hospital, hospice, or residential medical care facility; or continuing treatment by a health care provider.” FMLA regulations also require that an employee have a “period of incapacity” of more than three consecutive days to qualify for leave.
A qualifying circumstance tied to a family member’s active military duty.
An employee whose family member -- spouse, child, or parent -- was injured while on active duty may qualify for FMLA leave to care for that family member. An employee may also request leave for certain matters arising from a family member’s military deployment. In addition, an employee may also be entitled to 26 weeks of leave in a 12-month period to care for a family member injured while on active military duty.
If your employer has violated your right to FMLA leave, contact our experienced attorneys today. We will work tirelessly to hold your employer accountable and protect your rights in the workplace. Please call Armstrong & Vaught, P.L.C. today at 918-582-2500, toll-free at (800) 722-8880, or contact us online for a free consultation with an experienced attorney.