The Family Medical and Leave Act (FMLA) is a federal law that allows some workers to take time off to handle specific matters. The time they take off is unpaid, but it comes with protections that many employees will find beneficial.
When a person takes time off under the FMLA, their position in the company must be protected. This means that they can return to their same position when they come back after the leave is completed.
Requirements for taking FMLA
Only employees who work for an employer who has at least 50 employees in a 75-mile radius can request leave under this act. The coverage of some remote workers may be problematic if they live and work more than 75 miles from the nearest company facility. The employee who is requesting FMLA leave must have worked for the company for at least 1,250 hours in the previous 12 months. They must have at least 12 months with the company before their leave begins.
Most situations come with 12 weeks of leave, but that time increases to 26 weeks if the covered situation involves a military servicemember. Some common reasons for taking FMLA leave include:
- Childbirth, foster care placement or adoption of a child within one year of the event
- The employee suffering from a serious health condition
- The employee’s spouse, child, or parent suffering from a serious health condition
The employee should give as much notice as possible when they request this leave. There are sometimes situations that require assistance from someone familiar with the matter. This may help the employee to ensure they receive the leave and protections that are required under this law. Note that many states and the District of Columbia have comparable laws, that may offer broader coverage.
