March 7, 2024
The Family and Medical Leave Act (“FMLA”) allows a worker to take up to twelve weeks of unpaid leave for certain family and/or medical reasons without the risk of losing your job. FMLA also protects your existing health insurance during the worker’s covered leave. FMLA leave is available for all workers at all public agencies, all K-12 schools, and any company or organization with more than fifty employees.
All a worker has to do to be eligible for FMLA is: 1) to work for an employer for more than a year, 2) to have worked for the employer at least 1,250 hours within the last year, and 3) have one of the following situations:
What qualifies as a serious health condition sufficient for FMLA Leave?
Workers can be eligible for intermittent leave if their qualifying condition makes it medically necessary. Intermittent leave is when a worker does not take the leave in one consecutive block, but instead applies the leave throughout the work week to reduce their schedule to accommodate their condition.
Workers needing intermittent leave for foreseeable medical treatments are required to work with their employers to schedule the leave so as not disrupt the employer’s operations. The employer may transfer the employee temporarily to an alternative job with equivalent pay and benefits that accommodate recurring periods of leave better than the employee’s regular job.
Workers must notify their employer if they need to take FMLA at least 30 days before the start of the leave – unless the leave is unexpected. The employer may request certification from a medical provider prior to confirming the leave qualifies as FMLA leave.
The employer is required to return you to the same or similar position with equivalent pay. You should also receive any raises that you would have received without the leave.
If you are having any problems securing FMLA leave or have questions about your rights, please do not hesitate to contact the Hurm Law Firm at (612) 240-2228. We are happy to help!