Understanding Your Rights Under FMLA

The Family and Medical Leave Act (FMLA) allows eligible employees to take unpaid, job-protected leaves of absence. Many people worry that if they have a medical emergency, they might lose their job. Others may think that FMLA is strictly for maternity or parental leave, but it is actually available for a variety of qualified medical situations and other personal needs, including caring for their own or family members' health. Let’s talk more about understanding your employee rights under FMLA.

What is FMLA?

Administered by the Wage and Hour Division, FMLA stands for the Family and Medical Leave Act of 1993. It is a federal law is intended to shield workers from retribution if a covered emergency arises that necessitates their missing a significant amount of time at work. According to FMLA legislation, employees are permitted to take up to 12 weeks of unpaid leave per year for certain family and medical reasons, such as the birth of a child, a serious health condition, or a family member's military service.

During this time, their employer is also required to maintain their employer-provided health insurance. It also means those employees are entitled to return to their same job after their leave ends, with the same responsibilities, pay, and benefits. Employers, managers, and employees alike should be aware of the rights and stipulations of FMLA and how the law affects individuals and organizations.

Eligibility & Notice for FMLA

In order to qualify for FMLA leave, employees must be considered eligible, which depends on the type of employer, also known as covered employers. Private sector employers with 50 or more employees in 20 or more work weeks in a calendar year must provide FMLA leave. Public and government agencies, regardless of how many employees they have, are also required to offer FMLA leave. Finally, public or private elementary and secondary school employers must also provide FMLA leave.

Employees who work for these types of employers are eligible for FMLA to leave if they have worked for the employer for at least 12 months for a total of 1,250 hours during the 12-month period prior to the leave, and if they work at a location where the employer has at least 50 employees within 75 miles. If an employee wishes to take leave that might qualify as FMLA leave, they should submit their leave request as soon as they are able using the regular processes. The organization’s Human Resources team or specialist will then run the pertinent checks and notify the employee as to whether or not their leave qualifies.

Types of FMLA Leave

Eligible employees could use FMLA leave for the birth of a child or the placement of a child with the employee via adoption or foster care; caring for a spouse, child, or parent who has a serious health condition; a serious health condition the employee has that makes them unable to perform their job; or for any situation around a spouse, child, or parent being placed on covered service member active duty or who is currently on active duty. Additional leave is available for certain family members of injured or ill service people.

In addition to the typical 12 weeks of leave (per 12-month period), employees could also utilize FMLA for intermittent leave or reduced schedule leave. Intermittent leave allows an employee to take leave in separate blocks of time due to a health condition or other qualifying reason, rather than taking it all at once. This type of leave is usually taken in increments of hours or days, rather than weeks or months. Reduced schedule leave lets an employee adjust their normal schedule so that they can continue to work and receive a partial wage while still taking time off to care for themselves or a family member.

Job Protection & Benefits

During their FMLA leave, employers are required to continue providing certain benefits such as health insurance and pension contributions. When employees return from FMLA-protected leave, they are entitled to the same or an equal job. That includes the same pay, benefits, and terms and conditions. Employers are also not allowed to discriminate against employees who have taken FMLA leave. That means that FMLA leaves can't be used as a negative factor in making employment decisions, like promotions, work assignments, or firing.

If you believe your rights under FMLA have been violated, you may file a complaint with the U.S. Department of Labor’s Wage and Hour Division by submitting a written complaint with your contact information, the dates the alleged violation occurred, the number of hours worked and/or the wages lost, and any other pertinent information. You may also pursue legal action by filing a lawsuit in federal court or in certain state courts. If you win your case, you may be able to receive back pay, compensatory damages, and/or punitive damages.

Learning More about FMLA

If you want to learn more about FMLA, we recommend taking our new mini-course on the subject. Employees will gain a better understanding of the FMLA rights granted to them, while employers will learn practical steps for remaining in compliance with the law. EasyLlama courses use interactive knowledge checks and real-life video scenarios to engage and educate your employees, resulting in a safer and more productive workplace overall. Access your free course preview to learn more today!