Occasionally, personal matters require more attention than usual. You could be welcoming a newborn baby into the family or experiencing a medical condition that interferes with your job. The Family and Medical Leave Act (FMLA) allows specific employees to take extended leave without losing their job. However, you may be worried about retaliation from your employer.
Understanding the Family and Medical Leave Act
The FMLA outlines the conditions for employees who want to take an extended leave for medical or family reasons. You may have access to this benefit if you fulfill all the requirements, including:
- You work for an employer covered by FMLA.
- You have been employed at your current job for at least 12 months.
- You have accumulated a minimum of 1,250 service hours over the past 12 months.
- Your employer’s business includes 50 employees within a 75-mile radius of your workplace.
If you meet the requirements, you could be eligible for FMLA leave. Before taking it, you must notify your employer and ensure your specific situation is covered. You can take up to 12 weeks off in a 12-month period. Meanwhile, your employer must continue your health insurance benefits and reinstate your position upon your return. In some cases, they could request a medical certificate or additional information.
Actions against retaliation
An employer could violate the law or retaliate against a worker who requests FMLA leave. In this case, you can hire an attorney who helps you defend your rights. If you meet all the requirements, your employer cannot deny or restrain your FMLA leave. The law also protects you against retaliation and other discriminatory practices.
If your employer takes unlawful actions against you, you can file a claim up to two years after the event. This will initiate an investigation to determine potential penalties for your employer. Legal action can help defend your rights and fight against unfair practices in the workplace.