The Family Medical Leave Act, also known simply as FMLA, is a federal law designed to provide certain workers assurance that they will be able to take a certain period of time off from work to care for themselves or a family member without having to worry about losing their job upon their return. That said, not everyone qualifies for protections afforded by the FMLA, and if you are looking to take a temporary leave from your position, it is paramount that you understand how the FMLA works. Read on and contact a dedicated Los Angeles protected leave lawyer from RD Law Group to learn more.
Who is protected under the FMLA?
To qualify for protections under the FMLA, you will need to work for an employer with at least 50 full-time employees within a 75-mile radius of the company for at least 20 weeks in the current or previous year. You will also need to prove that you worked for the company for at least 1,250 hours during the previous year.
What scenarios may qualify for FMLA?
Some of the scenarios that may qualify for FMLA leave are as follows:
- You recently had a baby or adopted a child
- You need to care for a family member who has a severe medical condition
- You need to recover from a serious health condition yourself
- You need to care for a family member who has sustained a severe injury while serving active duty in the military or you need to handle certain qualifying necessities that have arisen from a family member’s military service
Are employers required to pay their employees while on FMLA leave?
Simply put, no, employers are not required to pay employees while they are out on FMLA leave, although they can choose to do so. The primary purpose of FMLA leave is so that you, as an employee, can take up to 12 weeks off of work without having to stress about whether you’ll have a job to return to. As long as you qualify, you should be guaranteed either the same position or a substantially similar position upon your return.
If, by some chance, you qualify for FMLA, return to work, and find that your position has been terminated or given to another employee, however, you should strongly consider speaking with a competent FMLA lawyer as soon as you can. Our firm has years of experience representing employees who’ve had their rights in the workplace violated, and we are prepared to fight for you as well. Give RD Law Group a call or contact us online so we can get started working on your case.
