PLEASE NOTE: To protect your safety in response to the threats of COVID-19, we are offering our clients the ability to meet with us in person, via telephone or through video conferencing. Please call our office to discuss your options.
Protecting The Rights Of Employees

What is FMLA leave?

On Behalf of | Oct 27, 2021 | family medical leave act (fmla)

Employees in Rhode Island may find that they need to take time off for a medical issue. The Family and Medical Leave Act, or FMLA, is in place to protect those who need to take time off for that reason. You should know what the FMLA entails and when you are eligible for it.

What is included in the FMLA?

The FMLA is available for employees who need to take time off from work due to illness or to care for a sick family member. This differs from the standard sick leave offered by employers that allow employees to take time off when they’re ill.

FMLA leave is not available for all employees, and it’s not available through all employers. Only certain situations make a person eligible to take time off through it as well. Those who are eligible can take up to 12 weeks off from work over a period of 12 months, but they will not get paid during that time. In some situations, an employee may use paid leave while they’re on FMLA leave.

If an employee requests time off through FMLA with their employer, they are required to show proof that a family member is dealing with a serious medical condition. While the employee is away from work, they might relinquish their job, but their employer may offer them a different job from the one they previously held. The new job must at least be something similar and offer the same pay, benefits, and terms.

What are other reasons for taking time off through the FMLA?

In addition to getting better from a personal illness or taking care of a family member who is sick, the FMLA allows other reasons for leave from work. If an employee is a new parent, whether they have just had a biological child, they adopted or they are fostering a child, they can take time off to bond and care for the child.

There are also military reasons that warrant an employee taking time off through the FMLA. For example, the individual may be caring for an injured military member in their family.

The FMLA can be a great help to employees who are sick or must care for a sick family member. Knowing all the qualifying criteria can help you know how you can take time off through it.