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June 14, 2019

What Does the Family and Medical Leave Act Offer Employees?

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Posted in Wisconsin Workers Compensation Related News

Glendale Workers Compensation Lawyers

The Family and Medical Leave Act offers employees job protection when they must be away from the job for a certain period of time. Not every situation qualifies for protection, though many major life emergencies do. All federal, state and local employers are required to abide by FMLA rules, as are both public and private schools. Private employers are only required to abide by FMLA standards if they carry 50 or more employees.

What Situations Qualify an Employee for Unpaid FMLA Protection?

There are a handful of situations that qualify an employee for protection from FMLA. If you fall into one or more of the following categories, your employer must grant leave.

  1. You have a medical condition that limits your ability to perform your job.
  2. An adopted or foster child is being placed with your family, or has already been placed and requires subsequent care.
  3. You or your spouse are giving birth to a child. This includes the subsequent care of that baby.
  4. You are required to give care to an immediate family member (child, spouse or parent) due to the family member’s medical condition.

Keep in mind that although you might be in one or more of the aforementioned situations, there are other qualifications you must meet as well. The first is that your employer must meet the qualifying requirements. Second, you would have to have worked for that employer for at least 12 months prior, including 1,250 hours of work. Third, your employer must have 50 or more employees working within 75 miles of the location where you work.

How Long Is FMLA Leave?

Employees who qualify for FMLA are given up to 12 weeks of leave every year. What this means is they can take the time in pieces here and there, or all at once, and still have their job waiting for them when they return. Employees are not typically given a salary during this leave, and they generally don’t accumulate hours to go towards bonuses while they are away.

Some employees choose to use their own paid leave during FMLA leave, though they aren’t required to do so in most cases. If an employer does require it in part, they have to offer written notification to the employee in advance.

Receiving the Help of an Attorney

If you find yourself in a situation where you feel you could benefit from FMLA, don’t get discouraged. Contacting a workers’ compensation lawyer can help you receive the benefits you deserve most. Give Glendale workers compensation lawyers a call today.

Contact Hickey & Turim, SC for their insight into workers compensation claims and the family and medical leave act.

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