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Formisano & Company Attorneys At Law

Passionate About Protecting Employee Rights

Do I qualify for FMLA?

On Behalf of Formisano & Company | May 20, 2021 | Family And Medical Leave Act (FMLA)

Life is unpredictable, and there may be times when it is simply not possible for you to work. Depending on the situation, you might be entitled to as many as 12 weeks of unpaid leave in a single year. However, not everyone is entitled to leave under the Family and Medical Leave Act — FMLA. 

Am I covered by FMLA? 

Not every worker in Rhode Island is covered by FMLA. To qualify, you must work for a business that has at least 50 employees who are located within 75 miles. You must also have worked a minimum of 1,250 hours for that employer over the past year. However, you might also qualify if you work for a:

  • Public agency 
  • Elementary school 
  • Secondary school 

When can I take leave? 

There are several different situations that might call for you to take unpaid leave. One of the most common FMLA uses is for taking time off after childbirth to care for a newborn child. You can also qualify for leave if you:

  • Adopted a child or had a foster care placement 
  • An immediate family member needs care for a serious health issue 
  • Are unable to work due to your own serious health issue 

While most people in Rhode Island would prefer to continue working, there are times when life simply gets in the way. FMLA provides the opportunity for you to take time off work to address any of a number of issues while still securing your position for when you are ready to return. There are limitations to FMLA though, and unfortunately there are also employers who may try to prevent you from taking leave for which you qualify. In addition, consideration should also be given to state laws, including the Rhode Island Parental and Family Medical Leave Act. To avoid encountering any of these problems, you may want to learn more about the process by visiting our website. 

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