When you are facing a serious health condition, the last thing on your mind is protecting your job. However, if you have been diagnosed with a serious health condition, it is important to know your rights under the Family and Medical Leave Act (FMLA).
In this article, we will discuss the FMLA and how it can help you protect your job when you need to take time off for your health.
What is FMLA law and who is covered by it
The Family and Medical Leave Act is a federal law that provides employees with up to 12 weeks of unpaid, job-protected leave per year for certain medical and family reasons. In order to be covered by the FMLA, you must work for a covered employer and have worked for that employer for at least 12 months. You must also have worked at least 1,250 hours in the 12 months prior to taking leave.
Covered employers include private employers with 50 or more employees, all public and private elementary and secondary schools, and all federal, state, and local government agencies. Certain family members who work for a covered employer may also be eligible for FMLA leave. These family members include a parent, child, spouse, or domestic partner.
What medical conditions are covered by FMLA
The FMLA covers a variety of medical conditions. These conditions can be either physical or mental.
Physical conditions that are covered by the FMLA include:
-pregnancy and childbirth
-chronic health conditions
-temporary serious health conditions
Mental conditions that are covered by the FMLA include:
-post-traumatic stress disorder (PTSD)
How the FMLA can help you protect your job
If you have a serious health condition that qualifies for FMLA leave, you can take up to 12 weeks off from work without fear of losing your job. Your employer must hold your job open for you while you are on FMLA leave. When you return from leave, you must be restored to your original position or an equivalent position.
In addition, your employer cannot retaliate against you for taking FMLA leave. This means that your employer cannot demote you, reduce your pay, or take away any benefits that you are entitled to. If you believe that your employer has retaliated against you for taking FMLA leave, you can file a complaint with the U.S. Department of Labor.
can an employer deny fmla
An employer can deny FMLA leave if the employee does not meet the eligibility requirements or if the leave is not for a qualifying reason. If an employer denies FMLA leave, they must provide the employee with a written notice that includes the specific reasons for the denial. If you believe that your employer has wrongly denied your FMLA leave, you can file a complaint with the U.S. Department of Labor.
What to do if you’re denied leave or fired for taking leave
If you believe that your employer has denied you FMLA leave or fired you for taking FMLA leave, you can file a complaint with the U.S. Department of Labor. You can also file a private lawsuit against your employer.
It is important to know your rights under the Family and Medical Leave Act. If you have been diagnosed with a serious health condition, the FMLA can help you protect your job.
Resources and help for understanding FMLA law
- The U.S. Department of Labor has a website that provides information about the FMLA.
- You can also call the Department of Labor’s Wage and Hour Division at 1-866-4USWAGE (1-866-487-9243) to speak to someone about your rights under the FMLA.
- If you need help understanding the FMLA or want to speak to an attorney, you can contact the National Employment Lawyers Association.
- You can also file a complaint with the U.S. Department of Labor if you believe your employer has violated your rights under the FMLA.
- If you have been fired or denied leave, you may also want to file a private lawsuit against your employer.