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Know your rights to Family and Medical Leave Act

by | May 1, 2020 | Employment Law - Employees

The Family and Medical Leave Act (FMLA) is a piece of federal legislation that has two primary aims. It ensures that qualified workers who need to take time off to tend to either their’s or an immediate family member’s illness can take up to 12 weeks of unpaid leave to do so. It also allows that worker to take that off that time from work without them having to fear losing their job for doing so. Workers and their workplaces must meet certain criteria to be covered by FMLA.

Employers only have to abide by FMLA if they have more than 50 employees. All of them must work within 75 miles from where the petitioning worker is stationed to work.

Workers must have been employed at their job for at least 12 months or to have worked at least 1,250 hours to be eligible for FMLA leave. They are entitled to take up to 12 weeks of unpaid leave during 12 months.

All workers are entitled to job reinstatement privileges provided that they take unpaid leave in alignment with these parameters. Employers are required to reinstate a worker to the same or equivalent job or position once the FMLA period is over. Workers in some jurisdictions qualify to receive paid family leave for at least a portion of the 12 weeks of FMLA.

There are many reasons that workers can take FMLA. They can take it to prepare for the birth of their child or to take care of their newborn. Parents may qualify to take FMLA if they’re adopting or fostering a child. A worker can also request to take this type of leave if their child, spouse or parent is suffering from a serious health condition. Any employee that is called up to active duty may be able to take FMLA as well.

If you’ve been denied FMLA benefits by your employer, fired or have come back from family leave in a reduced role or capacity, then you may be able to sue your Charleston company for damages. Don’t be denied your right to medical leave. An experienced attorney can help you determine if you have an actionable case here in West Virginia, and if so, what steps you need to take moving forward.

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