How to tell if you are eligible for FMLA
The Family Medical Leave Act is a form of unpaid job protection that allows employees to take time off for specific family-related medical reasons. This is sometimes confused with the Americans with Disabilities Act which protects the rights of people with disabilities IN the workplace, such as proper dietary and physical accommodations.
To begin your employer must meet FMLA compliance rule if:
- The employer is one who employs 50 or more employees within a 75-mile radius of the worksite
To be eligible for the coverage itself an employee must meet these two requirements.
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- The employee must have been employed with the company for 12 months
- The employee must have worked at least 1,250 hours during the 12 months prior to the start of FMLA leave
If these three requirements are met then you are on your way to figuring out if you’re eligible. Keep in mind that FMLA is not required to be paid leave, an employer may elect to pay a percentage of pay for a period of time but they are not required. FMLA is job protection, while on FMLA leave your position cannot be terminated and cannot be changed.
Next, you need to find out if your leave-situation qualifies you for FMLA. Findlaw.com outlines the basic reasons for leave as such.
- To prepare for the birth of a son or daughter
- To care for a newborn child
- For adoption or foster care placement of a son or daughter
- To care for a spouse, son, daughter, or parent with a serious health condition
- To take care of the employee’s own serious health condition
- To transition employees or spouses who are called to active duty
This is a simple breakdown of types of FMLA coverage but it merely scratches the surface. For more information on the topic of FMLA check out the Family and Medical Leave Act Employee Guide
For more information on FMLA software and FMLA administration click HERE!
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