What are my rights under the FMLA?

The Family Medical Leave Act (FMLA) gives eligible employees job-protected leave for certain medical and family-medical reasons. Generally, employees qualify for FMLA if they work for an employer with at least fifty employees, and the employee has worked for that emplyoer for at least twelve months full time. Employees who qualify are entitled to up to twelve work weeks of FMLA during any twelve month period. It can be used for things like serious health conditions that prevent performing the job, caring for a spouse, child, or parent with a serious health condition, the birth of child, and other specific family scenarios.

Qualifying for twelve weeks of Family Medical Leave does not mean a person has to take twelve weeks off of work; it can be ussed intermittently, or reduce the average work schedule. During this time, employers are generally required to maintain health insurance benefits under the same conditions as if you were still working. When you return from Family Medical Leave, you must be restored to your same position or a position that is virtually equivalent in terms of pay, benefits, working conditions, and other relevant employment terms.

Your employer may not interfere with your exercise of FMLA rights by firing you, or discourage you from applying. They also may not retaliate against you because you requested information related to FMLA or punish you for using Family Medical Leave. The FMLA does not require your employer to pay you while you are on leave, but often employers will allow you to take Paid Time Off during your leave so that you may continue receiving income for that time.

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