Do you know who can take Family and Medical Leave Act and when?

| Feb 7, 2020 | Employment Litigation |

The Family and Medical Leave Act (FMLA) is a federal law that allows employees who work for certain types of employers to take unpaid leave to tend to certain family responsibilities without having to fear losing their jobs. If you run a Pittsburgh business that employs 50 or more people, then you need to know who qualifies to take FMLA leave and about the instances in which they’re allowed to do so.

Not every employee that works for you is entitled to receive FMLA. The only ones that can are those who work at a location that’s no more than 75 miles from one of your main hubs.

Any worker must work for their employer for at least 12 months and 1,250 hours before they can request to take FMLA leave.

The situations in which a worker can request to take FMLA are limited. An employee can do so if their health deteriorates to the point that they’re unable to perform their job. Employees can also take FMLA if their parent, child or spouse is diagnosed with a serious medical condition.

A worker can take FMLA if an immediate family member has been called to active duty for the military. New parents are also eligible to take FMLA within a year of giving birth to, beginning to foster or adopting a child.

You as an employer may be required to offer your worker a modified work schedule to remain in compliance with FMLA guidelines. You may also request that your employee substitutes any paid leave that they’ve accrued for unpaid FMLA. Employers must maintain their worker’s health insurance benefits while they’re out on leave.

Employees are required to give their employers as much notice of their need to take leave as they can. Employees are generally not required to detail why they need to take leave. Workers may have to provide their employers with periodic health updates though.

Workers must meet certain guidelines to qualify to take FMLA leave. If you deny your employee’s request for leave or allow them to take it, then let them go from their role, your company could find itself in legal hot water. An attorney can help you remain in compliance with all appropriate Pennsylvania and federal laws so that you aren’t assessed fines and other civil penalties for violating them.

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