Are you an employee considering taking a leave of absence? The Family and Medical Leave Act (FMLA) is a United States federal law that provides eligible employees with up to 12 weeks of unpaid, job-protected leave for certain medical and family reasons. In this blog, we’ll explain how to navigate employee leave under FMLA and how working with one of our attorneys can help protect your rights.

How Does FMLA Work?

The FMLA applies to employers with 50 or more employees in each working day in 20 or more workweeks in the current or preceding calendar year, which includes public agencies and schools regardless of size. Employees must have worked for the employer for at least 12 months and worked at least 1,250 hours in the 12 months prior to the start of leave in order to be eligible.

It is important for employees to keep in mind that other leave rights may run concurrently with FMLA.  For example, if you live or work in Massachusetts, you may qualify for Paid Family Medical Leave.  PFML has different qualification rules than the FMLA.  Sometimes, even when you are not eligible for FMLA or PFML, an employer may be required to provide leave to you under the federal Americans with Disabilities Act, if the leave is a reasonable accommodation that does not provide an undue hardship on the employer.  This blog post focuses on FMLA, but employees may have other rights under different state and federal statutes as well.

What Are an Employee’s Rights Under the FMLA?

Under the FMLA, eligible employees are entitled to return to their same position or an equivalent position with equivalent pay, benefits, and other terms and conditions of employment after their leave.

Employees have the right to take this leave for the following purposes:

  • For the birth and care of a newborn child
  • For placement of a child with an employee for adoption or foster care
  • To care for an immediate family member (spouse, child, or parent) with a serious health condition
  • To take medical leave when the employee is unable to work because of a serious health condition
  • Certain reasons related to a family member’s service in the military

Additionally, an employee may take intermittent leave or a reduced leave schedule if medically necessary. Employees are also allowed to take FMLA leave in increments as small as 15 minutes in order to attend appointments, receive medical treatment, or other care.

What Are an Employer’s Obligations Under the FMLA?

Under the FMLA, employers are obligated to:

  • Provide eligible employees up to 12 weeks of unpaid, job-protected leave in a 12-month period for a qualifying event.
  • Restore employees to the same or an equivalent job when they return from leave.
  • Maintain the employee’s health benefits while they are on leave.
  • Continue to pay any portion of the employee’s health insurance premiums that the employee was paying before taking leave.
  • Notify employees of their rights under the FMLA.
  • Post notices in the workplace informing employees of their rights under the FMLA.
  • Refrain from retaliating against an employee for taking FMLA leave or filing an FMLA complaint.

It’s important for employers to understand and comply with their obligations under the FMLA, as failure to do so can result in fines and other penalties; the FMLA also provides a private right of action to employees that have suffered damages as a result of FMLA interference or retaliation. Employees should also be familiar with their rights and entitlements under the law in order to ensure that they receive the full benefits and protections afforded by the FMLA.

How Can an Employee File an FMLA Claim?

If an employee believes their rights under the Family and Medical Leave Act (FMLA) have been violated by their employer, they may file a claim with the Department of Labor (DOL).  Additionally, an employee may file a cause of action in state or federal court alleging a violation of the law.  An employee who wishes to file a claim must do so within two years of the alleged violation. In order to successfully file a claim, the employee must provide evidence to the DOL that their FMLA rights have been violated. This evidence can include emails or other documents from the employer, copies of the employee’s leave forms, and witness statements from co-workers or managers.

How Greene and Hafer Can Help

If you feel your rights under the FMLA have been violated, it is best to speak with an experienced employment law attorney who can help you navigate the process. Contact Greene & Hafer today to schedule a confidential consultation.