What is FMLA?
On Behalf of Rosenthal, Levy, Simon & Sosa | February 5, 2024 | Workers' Compensation
If a loved one has a serious medical issue that requires your attention, you may be worried about getting time off work to provide much-needed support to your family member. You may be concerned about losing your job if you leave for an extended period, adding more pressure to an already stressful situation.
Under the Family and Medical Leave Act (FMLA), employees may be eligible to take 12 weeks of unpaid leave from work. This comes with the guarantee that your job will be waiting for you when you return. To qualify for FMLA, you must work with a covered employer for at least 1,250 hours in the last 12 months.
If you have been denied family medical leave, our Florida FMLA lawyers will be able to evaluate your work situation to determine your eligibility.
The Family and Medical Leave Act of 1993
An employee who takes medical leave under the FMLA is still afforded the same group health coverage as the individual had while working. Employees must continue to pay premiums to remain covered under their insurer.
Even though the FMLA gives employees unpaid leave, if an employee has earned paid leave, that should be honored. The FMLA was signed into law by President Bill Clinton in 1993 to help working professionals tend to their family’s needs without having to sacrifice financial security.
Employees who work for employers who are covered under the Act are allowed up to 12 weeks of leave. The FMLA strives to give men and women the same employment opportunities by granting women maternity leave in an effort to not jeopardize their professional ambitions.
Qualifying Situations Under the FMLA
Employees are entitled to 12 weeks of unpaid leave in the following situations:
- If you are giving birth and taking care of your newborn son or daughter;
- If an employee is adopting or fostering a child;
- If an employee needs to take care of a spouse, child, or parent who has a serious medical condition;
- If the employee has a serious health condition that makes the employee unable to perform essential job functions; and
- If there is an exigent circumstance involving an employee’s immediate family member (spouse, child, or parent) in the military.
An employee will be eligible for 26 weeks of leave in a one-year period if the employee is the spouse, child, parent, or next of kin to a service member who is seriously injured or ill.
What is Considered a Serious Health Condition under the FMLA?
Common serious health conditions that qualify for FMLA are:
- If your condition requires you to stay in a hospital or another medical care facility;
- Conditions that incapacitate you or your family member for more than three consecutive days and require ongoing medical treatment;
- Chronic conditions that cause you to be incapacitated occasionally and require treatment by a health care provider at least twice a year; and
- Pregnancy (this will include prenatal appointments, incapacitation due to morning sickness, and medically required bed rest).
Contact a Florida FMLA Lawyer Today
FMLA allows employees to take protected job leave if there is a medical need for themselves or a family member. If you have been denied FMLA leave, we want to hear from you. Contact us today online or by calling 866-640-7117 to schedule your free consultation with a Florida FMLA lawyer today.
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