Basics of the Family and Medical Leave Act

As someone who holds employment in this nation, you may be entitled to protection under the Family and Medical Leave Act. This grants eligible workers a certain amount of unpaid leave without the risk of losing their jobs. There are many requirements that must be met to qualify for this leave, but if you do qualify, it’s a great way to maintain your health and that of your family without the risk of job loss.

Employers and FMLA

Any private employers who employ at least 50 employees for the duration of 20 weeks per year would fall under FMLA requirements. If the employer is a public agency, FMLA requirements must be followed regardless of the number of employees. This includes schools, federal entities, state entities and other similar employers.

Employees and FMLA

Employees have to fit within certain requirements as well in order to qualify for FMLA. First, he or she must be employed by an employer with this type of coverage. Second, he or she must have worked at the job for at least 12 months, equaling at least 1,250 hours during that time. Finally, he or she must work at a site with at least 50 other employees, or at a site that sits within 75 miles of a location with at least 50 other employees.

Benefits Employees Are Entitled To

Under the FMLA, qualified employees are entitled to keep their jobs in difficult situations that require their time be spent elsewhere. The following benefits are afforded to qualified employees.

  • Time off to take care of a personal serious medical condition.
  • Time to care for an immediate family member, such as a spouse, child or parent, when the family member is suffering a serious medical condition.
  • Time to spend with a newborn or newly-adopted child.
  • Time to spend with a recently placed foster child.
  • Time off to take care of an urgent need resulting from an immediate family member being on active duty.

Keep in mind these benefits are only allowed for immediate family members. For example, if your father-in-law needs care, you would not be given this benefit. Your spouse would be the one who receives FMLA benefits to care for him. Also, if your child is over the age of 18, you may not be able to use the benefit unless your child is deemed “incapable of self-care” by a medical professional.

Getting the Assistance of a Lawyer

When you are faced with a situation in which you need to be home to care for yourself or a family member, and you’re worried you’ll lose your job, you may be entitled to FMLA benefits. Get the assistance of a workers’ comp lawyer in Asbury Park today to figure everything out.

Thanks to Rispoli & Borneo, P.C. for their insight into workers compensation and the family and medical leave act.