FAQ: Family and Medical Leave Act

Our legal team commonly receives questions from clients asking what rights they have under the Family and Medical Leave Act (FMLA). Below, we give you answers to these questions so you can determine whether your employer has violated your labor rights.

Question #1: What is the Family and Medical Leave Act?

A: Under the Family and Medical Leave Act, eligible employees are allowed to take up to 12 weeks of unpaid leave during a 12-month period for specified family and medical reasons. The employee’s job is protected during their leave under this act. Once the employee returns from leave, they can return to their original position or to an equivalent job, as long as it has similar benefits, working conditions, and pay.

Question #2: What events qualify for leave under the FMLA?

A: The following events are eligible for time off under the FMLA:

  • The birth or adoption of a child
  • A serious health condition that requires time away from work
  • The need to care for an immediate family member with a serious health condition
  • Certain issues affecting members of the armed services and their families

Question #3: Are all employers covered by the FMLA?

A: Private sector employers with 50 or more employees working 20 or more workweeks in the current or preceding year are covered by the FMLA. Public agencies are also covered by the FMLA without limits on the number of people employed by the agency.

Question: #4: Am I eligible for leave under the FMLA?

A: You must have worked for your employer for at least 12 months and have worked at least 1,250 hours during that time to be eligible for leave under the FMLA.

Question #5: How much notice do I have to give my employer if I want to use FMLA leave?

A: If you need to take leave for a non-emergency that you can plan ahead for, then you need to give your employer at least 30 days advance notice. For emergency situations, you must give your employer notice as soon as possible under the circumstances.

Our lawyers at Hoosier Law Firm, PLLC are here to assist if you have more questions about requesting leave under the FMLA. We are committed to serving clients throughout the greater Charleston area, and we will gladly take a look at your case today. Call (800) 455-8721 to request your consultation.