Family and Medical Leave Act (FMLA) provides certain rights and protections to eligible employees who need to take time off from work for specific family and medical reasons. Under FMLA, eligible employees are entitled to the following rights and protections
Leave Entitlement
FMLA provides eligible employees with up to 12 weeks of unpaid, job-protected leave in a 12-month period. This leave can be taken for various reasons, including the birth or adoption of a child, caring for a seriously ill family member, or the employee’s own serious health condition.
Job Protection
During FMLA leave, eligible employees have the right to return to their same position or an equivalent position with the same pay, benefits, and terms of employment. Employers are prohibited from retaliating against employees for taking FMLA leave or exercising their rights under the act.
Continuation of Benefits
While on FMLA leave, employers must maintain the employee’s health insurance coverage under the same terms as if the employee was actively working. Employees are also entitled to any other benefits they were receiving before taking leave.
Intermittent or Reduced Schedule Leave
FMLA allows eligible employees to take leave on an intermittent basis or work a reduced schedule when medically necessary. This can be beneficial for employees who need to attend medical appointments or receive ongoing treatment.
Certification of Serious Health Condition
Employers have the right to request medical certification to verify the need for FMLA leave due to a serious health condition. However, this information must be kept confidential and separate from the employee’s personnel file.
Military Family Leave
FMLA also provides eligible employees with specific leave entitlements related to military service. This includes leave for qualifying exigencies arising from a family member’s active duty or for military caregiver leave to care for a seriously injured or ill service member.
It is important to note that not all employees are eligible for FMLA protections. To be eligible, an employee must have worked for their employer for at least 12 months, have worked at least 1,250 hours during the previous 12 months, and work at a location where the employer has at least 50 employees within a 75-mile radius.