Top Things to Consider Before You Take FMLA Leave
If you are planning to welcome a new baby or child into your family soon, or if you have recently learned of a serious health condition impacting you or a close family member, you may be thinking about taking job-protected leave under the federal Family and Medical Leave Act (FMLA). However, before you make plans to take FMLA leave, there are some important facts and issues that you will want to consider. The following may ultimately affect your decision or ability to take FMLA leave, or your decision about the length of time for which you decide to take FMLA leave. Our South Florida FMLA lawyers are here to assist you if you have additional questions or need assistance with your FMLA leave plans.
You and Your Employer Must Meet Specific Eligibility Requirements for the FMLA to Apply
In order for you to be able to take job-protected FMLA leave (and to have protections under the FMLA related to your leave), you must both 1) work for a covered employer, and 2) you must have worked long enough to be covered yourself as an employee. If you are not sure if your employer is covered or if you are eligible based on your work history, you should seek legal advice.
FMLA Leave Can Only Last for a Specific Period of Time
Most employees who are eligible for FMLA leave can only take up to 12 workweeks of FMLA leave per year.
FMLA Leave Can Only Be Taken for Particular Reasons
You can only take FMLA leave for particular reasons that generally involve caring for a newborn or newly placed adopted or foster child, or for medical care reasons related to yourself, a spouse, a parent, or a child. FMLA leave is also available for certain exigencies related to a servicemember’s active duty.
You Are Not Paid While You Are On FMLA Leave
FMLA leave is job-protected leave (meaning that your job is protected), but it is not paid leave. Your employer will not have to pay you your salary or hourly wage during your FMLA leave.
You Must Provide Notice of Your FMLA Leave Plans in Advance When Possible
If you know in advance that you are planning to take FMLA leave, you must provide your employer with timely notice. Otherwise, you may not be eligible for certain FMLA protections.
Your Employer Can Return You to an “Equivalent Job” Rather Than the Job You Had Before You Took FMLA Leave
While FMLA leave is “job-protected” leave, it is important to know that your employer does not have to keep your exact job open for you. Rather, the FMLA requires employers to return employees on FMLA leave to the same or “equivalent job” when they return.
Your Employer Cannot Retaliate Against You for Taking FMLA Leave
The FMLA provides protections to employees against retaliation. What this means is that your employer cannot take any adverse actions against you or treat you differently because of your decision to take FMLA leave. If you are treated adversely in any capacity and you believe it is because of an FMLA leave request or because of your recent FMLA leave, you should talk with a lawyer about filing a claim as soon as possible.
Contact Our Palm Beach Gardens FMLA Attorneys Today
If you are considering taking FMLA leave from your job in the near future, it is extremely important to ensure your eligibility and to make certain that you take all necessary steps so that your employer must allow you to return to work once your leave is over. One of the experienced Palm Beach Gardens FMLA lawyers at Sconzo Law Office can discuss your FMLA leave plans with you today, and we can help you to address any concerns about FMLA violations that your employer may have committed. Contact our firm today for assistance.
Source:
dol.gov/agencies/whd/fmla
