Your FMLA Rights: A Complete Guide to Family and Medical Leave
Everything employees need to know about the Family and Medical Leave Act, including eligibility, protections, and what to do if your rights are violated.
What Is the FMLA?
The Family and Medical Leave Act entitles eligible employees to take up to 12 weeks of unpaid, job-protected leave per year for specified family and medical reasons. Employers must maintain health insurance coverage and restore the employee to the same or equivalent position upon return.
Who Is Eligible for FMLA Leave?
You must work for a covered employer (50+ employees within 75 miles), have worked for the employer for at least 12 months, and have worked at least 1,250 hours in the preceding 12 months. Government employees and school employees are covered regardless of employer size.
Qualifying Reasons for FMLA Leave
The FMLA permits leave for the birth and care of a newborn, placement of a child for adoption or foster care, caring for a spouse, child, or parent with a serious health condition, a serious health condition that makes you unable to perform essential job functions, and qualifying military exigencies.
How to Request FMLA Leave
When foreseeable, provide at least 30 days advance notice. When not foreseeable, give notice as soon as practicable. Employers may require medical certification. The employer must inform you of eligibility within five business days.
Common FMLA Violations
Common violations include denying leave to eligible employees, requiring work during leave, failing to restore positions, counting FMLA absences in attendance policies, retaliating against employees who take leave, and failing to maintain health insurance during leave.
FMLA Interference vs. Retaliation
Interference claims arise when an employer prevents or discourages FMLA use. Retaliation claims arise when an employer takes adverse action because of FMLA use. Interference does not require proof of intent; retaliation does.
Remedies for FMLA Violations
Remedies include lost wages, salary, benefits, liquidated damages equal to lost compensation, attorney's fees, and equitable relief such as reinstatement. The statute of limitations is two years (three for willful violations).
Getting Legal Help
Consult an employment attorney promptly if your employer has interfered with your FMLA rights or retaliated against you. An attorney can help gather evidence, file complaints, and pursue maximum compensation.
Need Legal Help With Your Situation?
This guide is for informational purposes. For advice specific to your situation, get a free consultation with an experienced employment attorney.
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