What is the FMLA?
If you are the primary caregiver for a loved one, you may be wondering if you are eligible to take time off work. Signed into law in 1993 by President Bill Clinton, FMLA allows workers to take maternity leave to care for a newborn, to take leave to care for a sick family member, or to tend to their own medical condition without losing their jobs. Each year, approximately 20 million people take unpaid leave under the Family and Medical Leave Act (FMLA).
If you have questions about the FMLA or if your employer has denied you family or medical leave, our Harrisburg employment law attorneys want to speak to you.
Overview of the Family and Medical Leave Act (FMLA)
The Family and Medical Leave Act (FMLA) affords employees job protection in exchange for taking a leave of absence. Under the FMLA, employees can take up to 12 weeks off but still maintain their employer-provided health insurance. The 12-week period is generally unpaid unless the employee has accrued paid time off (PTO). An employee should give at least a 30-day notice before taking leave.
Leave under the FMLA may pertain to any of the following circumstances:
- If the employee has a newborn child
- If an employee is adopting or fostering a child within one year of placement
- If an employee needs to take care of a spouse, child, or parent who has a serious medical condition
- If the employee has a serious health condition that impedes his or her job performance
- If an employee’s immediate family member (spouse, child, or parent) is on covered active duty or has been ordered to cover active duty in the military. Known as “qualifying exigency,” it helps employees tend to family affairs while a loved one is on covered active duty
Furthermore, an employee will be eligible for 26 weeks of leave in a one-year period to take care of a covered servicemember who is seriously injured or ill. Known as military caregiver leave, the eligible employee must either be the service member’s spouse, parent, child, or next of kin.
Violations of the FMLA
If you believe that your rights under the FMLA have been violated, you have the choice of filing a complaint with the Secretary of Labor or privately suing your employer. If you are a state employee, your right to take private action may be limited. It is important that you speak with a Harrisburg employment law attorney before taking any action.
Our legal team will investigate to determine if your employer did violate federal law. If your employer did violate FMLA, you will have two years to take legal recourse, with the statute of limitations being expanded to three years if your employer intentionally violated the law.
Need to Take a Leave of Absence? Let Our Harrisburg Employment Law Attorneys Assist You
If you have just given birth, have an ailing family member, or are dealing with your own medical issues, under federal law, you are permitted to take time off without fear of losing your job. At Mette Attorneys at Law, our Harrisburg employment law attorneys are devoted to doing everything possible to get you the time you need to care for your family and yourself. If you are interested in learning more, contact us online or by phone to schedule your initial consultation.