Employees need to know their rights to ensure they are not exploited by their employers. Family leave rights of an employee are one of the most significant rights to get leaves under emergency circumstances, and the employer has no right to deny that leave.
Family and medical leave act (FMLA)
An entity with 50 employees who have worked for 20 weeks in the previous or current year must abide by the family and medical leave act. Public and Private schools and public agencies also comply with this act.
If an employee has worked for a minimum of 12 months or 1250 hours in the same company, they have the right to take a family medical leave.
This law covers the health conditions of an employee or an employee looking after their seriously ill family members. This leave can last up to 12 weeks but will be unpaid. An employee can take these 12-week leaves every year if they meet the above criteria under specific conditions.
Many employees believe that employers grant leave only for personal or family medical issues, but it is not true. A newborn baby’s father can also take leave to take care of his wife and the infant. A woman can also take leave for her incapacity due to pregnancy or childbirth.
An employee does not need to use the entire 12 weeks’ leave in a single block. You can take it intermittently or on a reduced leave when there is a medical emergency for a short duration.
There can be no reason for an employer never to permit leave for the adoption of a young or a preschool child because they too need the same care as a biological child of that parent. If there is a child disability, an employer must grant leave for a child up to 18.
Eligible employees with a family member serving in the military engaged in active service in a foreign country or who have received a notification of service can take a leave of 12 weeks for specific reasons. The reasons are attending military events, addressing financial arrangements, and more. It also includes a special permit to take up a 26-week leave for taking care of an armed force member with a severe injury.
Responsibility of employee
An employee is supposed to give 30-day advance notice to the employer when the need is foreseeable. When it is impossible, the employee must give the notice as soon as possible. Employees should provide sufficient details to the employer to comprehend whether the leave will qualify for FMLA or not.
Responsibility of employer
The employer must inform the employee whether they are eligible for the leave under FMLA or not. If illegible, the employer must inform the employee of the ineligibility reason.
The law makes it unlawful for any employer to interfere or deny the employee to exercise a right provided under FMLA. An employee has the right to file a case against the employer if they are denied for practicing their rights. If you are in such a scenario, contact us to take care of legal action against this unlawful activity. Ward K Johnson Law firm is the one you need to get justice for yourself.