Do I qualify for protection under the FMLA?
Not everyone is protected by the FMLA. Both you and your employer must meet certain qualifications.
Employer requirements: your employer must have 50 or more employees on the payroll for 20 work weeks during the current or preceding calendar year. Employees who work for your employer within a 75-mile radius of your worksite count toward the 50-employee total.
Employee requirements: you must have worked for your employer for at least 12 months and for at least 1,250 hours during the period immediately preceding the commencement of the leave.
While certain exceptions exist, most employees who meet these two conditions will qualify for leave under the federal FMLA. Your state may have different requirements for coverage under state law.
I would like to take family or medical leave. What does the law allow?
Under federal law and some state laws, certain employees have the right to take up to 12 weeks of unpaid leave per year (any 12-month period) for the following reasons:
In addition, certain eligible employees have the right to take up to 26 weeks of unpaid leave per year (any 12-month period) to care for a covered service member with a serious injury or illness incurred in the line of duty on active duty. If you are eligible, you may take family leave (leave to care for someone in your family) or medical leave (leave to seek care for or recover from your own serious health condition) without losing your job.
Under the law, your job is protected during your leave. When you return to work, your employer must give you either the same job you had before your leave, or a position with equivalent benefits, pay, working conditions, and seniority. Your employer must continue to pay for your health insurance coverage during your leave as it normally would have during your employment.
If you qualify for a family or medical leave, you have the right to take that leave free from harassment or discrimination. Your employer cannot interfere with your right to take leave, discriminate against you for requesting information about your rights, or discriminate against you for taking a leave.