Federal Leave Act – You Willn’t be Fired for Taking Reasonable Leaves
Let's say you are ill and need to take a week off from work. However, you can’t tell your manager as you are anxious to lose your job. Have you heard this federal law known as “FMLA”? The Family & Medical Leave Act (FMLA) ensures that certain employees are free of any threats of job losses for up to 12 working weeks each year. It also requires law-abiding employers to maintain eligibles' health benefits as if they were employed. Ask employment lawyers in OKC for a more comprehensive idea.
The Family and Medical Leave Act (FMLA) is a federal law that can be of help if you have family responsibility and need to take time off from work. FMLA, which was launched in 1993, requires certain firms to grant unpaid leave to employees in family matters.
Types of FMLA Leaves
Continuous: An employee is not present and has undergone treatment for more than three consecutive business days.
Intermittent: An employee takes time off in separate blocks because of a serious FMLA health condition. In hourly, daily or weekly increments, intermittent leave can be. Intermittent FMLA is often used when an employee requires continuous treatment.
Reduced Working Hours: An employee must cut hours of work every day or week, often to look after or reduce stress for a family member.
Entitlement of the Eligible Employees
Employees are eligible for this are entitled to 12 workweeks of leave in a financial year. The reasons must be from the following:
A severe case of illness of him or herself
For childbirth and taking care of the newborn baby
For taking care of a spouse who has severe medical conditions
For taking care of a child who is new to the environment, for example, an adopted one or in the case fostering someone
For taking care of the child when the spouse is on military duty or equivalent
Qualified staff for a period of 12 months must be offered by an employer of more than 50 employees up to 12 weeks of unpaid FMLA leave. There must be no consecutive 12 work weeks. Furthermore, the employer must return its job after the holiday to the employee and offer him a commensurate salary and position. In OKC, according to the employment lawyers the employee still has the company's health insurance benefits during this period.
FMLA is beneficial for pregnant staff, taking care of a child, ongoing treatment like chemotherapy, dialysis, etc. or the chronic conditions such as diabetes or epilepsy, and long-term conditions like Alzheimer's disease, cancer, etc.
To get benefitted with this ACT, you must qualify for it.
Although FMLA has many constraints, two of them are very important: staff has had to work for more than a year at their company, and they have to work for at least 1,250 hours during the previous year. Smaller employers do not have to grant their employees FMLA leave.
When a company employs less than 50 workers, the employee does not qualify for an FMLA leave within 42 km of the employer's workplace. It would be harder for small companies to send a substitute far away if they had a necessary employee to leave.
It is not only vital for healthy living to take time off work for an illness or to take care of a family member, but also to have the Federal Leave Act as you learned from this article. You may want to talk about your legal options with an experienced employment lawyer in OKC if you have been fired or otherwise retaliated for taking your federally-protect leave.
Come to Mazaheri Law Firm for the experienced employment lawyers in OKC.
** Disclaimer: This blog content is no substitute for legal advice and in no way implies a lawyer-client relationship.