Who Qualifies for FMLA?

The Family and Medical Leave Act (FMLA) provides job protection to certain qualifying employees who need to take time off work to care for a family member or loved one. Although the leave is unpaid, it is designed to allow for a better work-life balance. Leave is permitted for various circumstances, including if the individual has recently given birth, if they are the primary caregiver of a sick relative, if they are adopting or fostering a child, or if they have a medical condition that prevents them from working. The 12-week leave is unpaid, but it does allow the employee to remain on the employer-provided health insurance.

The laws and regulations surrounding FMLA can be confusing. In some situations, employees may be denied leave without a clear explanation. If you have recently been refused medical leave or want to determine your eligibility, our employment law attorneys are more than happy to speak with you.

What You Need to Know About FMLA

When a family member becomes ill or you have been diagnosed with a serious medical condition, personal responsibilities may prevent you from working. Under the Family and Medical Leave Act (FMLA), workers are permitted 12 weeks of unpaid leave in exchange for job protection. However, the employee must provide their employer with a 30-day notice to take leave. Although employers are not legally required to provide compensation during this time, employees may use any accumulated paid-time-off (PTO) hours.

Not everyone qualifies for FMLA. Eligibility is reserved for employees who have worked at least 1,250 hours for their employer for a minimum of 12 months. Additionally, the company for which the employees work must have at least 50 employees within a 75-mile radius. If your situation does not meet this criterion, your employer is not required to grant you leave.

What Situations Apply Under FMLA?

FMLA leave is designed to accommodate employees for the following purposes:

• If the employee recently gave birth or is taking care of a newborn (leave applies for up to one year)
• Within one year of placement for adopting or fostering a child
• If an employee needs to take care of an immediate family member who has a serious medical condition
• If the employee has a serious health condition that prevents them from working or impacts their job performance
• Qualifying exigency: This applies if an employee’s immediate family member is on active duty military deployment. This allows employees to attend to family affairs while a loved one is on covered active duty.
• Military caregiver leave: An employee will be eligible for 26 weeks of leave in one year to take care of a family servicemember who has experienced a serious injury or illness in the line of duty. This also applies to immediate family members, including spouses, parents, children, or next of kin.

What to Do if Your Employer Violates FMLA?

If you believe that your employer has unjustly denied your request for family and medical leave, you should speak with an employment law attorney. An employment law attorney can evaluate your circumstances to determine if you have the requisite number of work hours, if your employer provides FMLA, and if your situation qualifies.

If your employer has unlawfully denied your FMLA request, then our Harrisburg employment law attorneys will take appropriate steps to rectify the issue. Generally, this involves filing a complaint with the Department of Labor.

Harrisburg Employment Lawyers Advocating for You

Life circumstances can be all-consuming and, in some cases, prevent us from performing our job. If you are currently dealing with a family or personal matter and need to take time off work, you may feel overwhelmed. For over 40 years, our Harrisburg employment law attorneys have been providing sound legal advice to individuals in central Pennsylvania and are ready to advocate for you. To learn more or to schedule a confidential consultation, contact Mette Law online or call (717) 232-5000.