Employees have certain protections under the law. They have wage protections and workplace safety regulations that protect them against abusive and unsafe job scenarios. Workers also have laws that protect them from discrimination, harassment and employer retaliation.
Sometimes, even the most dedicated professional may find that they need to take an extended leave of absence from work. Many people who require weeks away from work for personal reasons lose their jobs. However, some workers qualify for unpaid leave under the Family and Medical Leave Act (FMLA). People can typically take up to 12 weeks of unpaid FMLA leave per year, provided that they qualify.
What are the three main criteria that influence FMLA leave rights?
A large enough employer
Like many employment regulations, the FMLA only applies to businesses that reach a certain size. The threshold for the FMLA to apply is 50 employees. Organizations with 50 or more workers generally have to abide by the provisions of the FMLA when a worker requires unpaid leave.
An adequate work history
The FMLA does not apply to every worker. Part-time employees, seasonal workers and new hires may not be eligible for FMLA leave. Typically, the worker requesting leave must have held their job for at least a year. They also need to have put in at least 1,250 hours of work during the year leading up to their leave request.
Qualifying circumstances
Workers cannot just take FMLA leave because they feel like they need a break. They have to have specific qualifying circumstances to be eligible. As the name of the law implies, the FMLA applies to those who need medical leave to address personal health challenges.
The FMLA also applies to individuals who need leave to provide medical support to immediate family members. Those who need to care for parents, children or spouses can take FMLA leave. The law also applies after the birth, adoption or foster placement of a child. If workers are eligible for FMLA leave, they should be able to request time off without risking their positions or employment.
Workers facing retaliation or an employer’s refusal to accommodate their leave request may need support, and that’s okay. Learning more about employment statutes can help people determine when they need to assert themselves.