Both state and federal laws regulate various aspects of modern employment arrangements. Employment statutes help professionals balance their needs with the demands of their employers. The Family and Medical Leave Act (FMLA) is one of the most important workplace regulations. Under the FMLA, certain workers can request unpaid leave in qualifying circumstances.
What employees are theoretically eligible for FMLA leave?
Workers need to hold their jobs for a year to qualify
Regardless of whether an employee has paid leave benefits or not, they can theoretically request FMLA leave if they have a personal medical issue. FMLA leave is also possible in cases where people add children to their families or when their immediate family members require medical support.
There are several standards imposed by the FMLA that workers must meet to take unpaid leave. Those standards include having an adequate work history with their current employer. Typically, a worker must have held their job for at least 12 months. They need to have performed 1,250 hours of paid labor for the company within those 12 months.
Additionally, they must work for a company that is large enough to accommodate their leave request. The FMLA generally only applies to companies that have at least 50 employees within 75 miles of their work location. Workers who are eligible for FMLA leave can take leave and return to their jobs without risking career consequences.
Those denied leave when they qualify or punished for requesting leave may have grounds for an employment lawsuit. Holding employers accountable for violating worker rights or retaliating against employees can be beneficial for those affected by inappropriate employer conduct.
