In 1993, the U.S. Department of Labor implemented the Family Medical Leave Act or “FMLA” in order to provide employees the ability to balance their work demands and medical needs of themselves as well as their immediate family. It is equally important for both employers and employees to understand what that coverage provides and more importantly, who is entitled to FMLA coverage. Generally, FMLA coverage provides eligible employees to take up to 12 weeks of unpaid, job-protected leave in a 12-month period for specified family and medical reasons.
In order to be considered eligible for FMLA benefits, an employee must:
- Have worked for the Company for at least 12 months;
- Have 1,250 hours of service in the previous 12 months and;
- Work for an employer who has a minimum of fifty (50) or more employees within a 75 mile radius of its offices.
If you’re an employer trying to meet the demands of your business but concerned with an employee whose absence may have an integral impact on your business, please contact our firm. We offer employers quality representation for both short-term employment law needs as well as ongoing employment consulting providing exceptional human resource legal consultation and training in an effort to prevent any potential FMLA disputes from arising. We will evaluate your business operations, policies and practices and identify areas of concern or opportunities for improvement, and otherwise assure that your business is compliant with Federal FMLA guidelines.
On the other hand, if you’re an employee, and meet the requirements for those specific qualifying medical conditions, you may be entitled to up to 12 weeks of unpaid job protected leave. Although employers should have set policies in place to inform you if you qualify for FMLA coverage, sometimes those policies may not always be spelled out in a form that is easy to understand. If you feel that your rights have been violated-i.e., that your employer has unlawfully interfered or denied your right to FMLA coverage, please contact our firm for a consultation.
You can reach the Danz & Kronengold P.L. law firm at:
954 – 406 – 7535 or toll free at 866 – 640 – 1040 (www.danzlaw.net)
