February 18, 2025

Introduction

For many employees in Henderson, understanding FMLA rights is crucial to ensuring job security during times of personal or family hardship. The Family Medical Leave Act (FMLA) is a federal law that grants eligible employees the right to take job-protected leave for specific family and medical reasons. Whether you’re dealing with a serious health condition, the birth of a child, or caring for a military member, knowing your rights under the FMLA is essential.

This guide will explain who qualifies for FMLA, the process of submitting a leave request, and what rights and protections employees have under this law. Whether you need time off for a health issue or to care for a family member, understanding the FMLA can help you protect your job and maintain your employment benefits.

What is the Family Medical Leave Act (FMLA)?

The Family Medical Leave Act is a federal law that requires certain employers to provide eligible employees with unpaid, job-protected leave for qualifying family and medical reasons. The law applies to private companies with 50 or more employees, public agencies, and schools. The purpose of FMLA leave is to ensure that employees can handle personal or family-related responsibilities without risking their employment.

FMLA leave is available for up to 12 weeks in a 12-month period for specific situations, including:

Caring for a newborn child after birth
Placement of a child for adoption or foster care
Caring for an employee’s spouse, child, or parent with a serious health condition
The employee’s own serious health condition that makes them unable to perform their job duties
Certain qualifying emergencies related to a military member on active duty

In some cases, eligible employees may be entitled to 26 weeks of leave in a single 12-month period to care for a covered military member with a serious injury or illness.

Who is Eligible for FMLA Leave?

To qualify for FMLA leave, an employee must meet specific eligibility requirements. Not all workers are eligible for protection under the medical leave act. To be considered an eligible employee, you must:

Work for an employer that is covered under the FMLA (private companies with 50 or more employees, public agencies, and schools)
Have worked for the employer for at least 12 months (not necessarily consecutive)
Have worked at least 1,250 hours in the past 12 months before the leave request
Work at a location where the employer has at least 50 employees within a 75-mile radius

If you meet these requirements, you qualify for FMLA leave and are entitled to job-protected leave for qualifying medical and family reasons.

Reasons to Request FMLA Leave

Eligible employees may submit a leave request for the following reasons:

Birth of a child: Employees can take leave to care for and bond with a newborn child.
Placement of a child: Employees can request leave for the placement of a child for adoption or foster care.
Serious health condition: Employees can take leave if they have a health condition that makes them unable to perform their job.
Care for a family member: If an employee’s spouse, child, or parent has a serious health condition, they can take leave to provide care.
Military family leave: Employees may request leave for specific needs related to a military member’s active duty or to care for a military member with a serious injury or illness.

Each of these situations qualifies under the Family Medical Leave Act, allowing employees to take time off from work without the fear of losing their job.

How to Submit an FMLA Leave Request

If you plan to request FMLA leave, you must follow your employer’s procedures for notifying them of your need for leave. Here’s a step-by-step guide on how to submit your request:

Notify Your Employer: Inform your employer as soon as possible if you need to take FMLA leave. In most cases, employees are required to provide 30 days’ notice if the need for leave is foreseeable.
Provide Medical Certification: Your employer may ask for certification from a healthcare provider to verify that your absence qualifies under the Family Medical Leave Act. The certification should include details about the health condition and the expected duration of leave.
Submit FMLA Forms: Employers may require you to fill out specific forms provided by the Wage and Hour Division or the employer’s human resources department. It’s crucial to complete all forms accurately and on time to avoid delays or denials.

If your request is approved, you will be able to take unpaid leave without the risk of losing your job. Employers cannot deny valid requests for FMLA leave if the employee meets the eligibility requirements and provides the proper documentation.

Rights and Protections for Employees Under FMLA

When you qualify for FMLA leave, you are entitled to certain rights and protections as an employee. These include:

Job Protection: Employers are required to reinstate employees to the same or an equivalent job when they return from leave.
Continuation of Benefits: Employers must continue health insurance coverage for employees during FMLA leave under the same terms as if they were still working.
Protection Against Retaliation: Employers cannot retaliate against employees for exercising their rights under the medical leave act FMLA. If an employer takes adverse action against you after requesting leave, you may have a claim for retaliation.

Common Mistakes to Avoid When Requesting FMLA Leave

Employees sometimes make mistakes that can affect their ability to take FMLA leave. Avoid these errors:

Failing to Notify Your Employer: If you don’t give your employer sufficient notice, they may deny your request.
Not Submitting Required Forms: Complete all forms from the employer and provide any supporting documents, such as a medical certification.
Misunderstanding Eligibility Requirements: Not all employees are eligible for FMLA leave. Be sure you meet the eligibility criteria before submitting a request.

If you are unsure about your eligibility or how to submit your request, consider contacting human resources or an employment law attorney for assistance.

How Employers Violate FMLA Rights

Despite the protections in place, some employers still violate FMLA rights. Employers may:

Deny leave for a qualified health condition or family-related reason.
Refuse to restore an employee’s job after returning from leave.
Retaliate against an employee for taking or requesting FMLA leave.

If you believe your employer has violated your rights, you can seek legal assistance to file a claim. Employers found guilty of denying or interfering with FMLA rights may face penalties and be required to pay damages.

How to Enforce Your FMLA Rights

If you believe your employer has violated your rights under the Family Medical Leave Act, you can take action in the following ways:

File a Complaint with the Wage and Hour Division: The Wage and Hour Division investigates claims of FMLA violations.
Contact an Employment Attorney: If your rights have been violated, an attorney can help you file a complaint or pursue legal action.
File a Lawsuit in Court: In some cases, employees may need to file a lawsuit against an employer who refuses to comply with FMLA requirements.

If you feel your employer has violated your FMLA rights, it’s important to act quickly. There are deadlines for filing a complaint with the Wage and Hour Division or taking legal action in court.

Frequently Asked Questions (FAQ)

1. What qualifies as a serious health condition under FMLA?
A serious health condition is an illness, injury, or physical or mental condition that requires ongoing medical treatment, inpatient care, or multiple doctor appointments. Conditions like cancer, chronic illnesses, and serious injuries may qualify.

2. Can my employer deny my request for FMLA leave?
An employer can deny your request if you do not meet the eligibility criteria or if you fail to submit the required certification or forms. However, if you meet all requirements, the employer must grant you leave.

3. Can my employer fire me while I’m on FMLA leave?
Your employer cannot fire you for taking FMLA leave, but they can terminate your employment for unrelated reasons (like misconduct or company layoffs). If you suspect your employer fired you for taking leave, you may have a claim for retaliation.

4. Do I get paid while on FMLA leave?
FMLA leave is unpaid unless your employer allows you to use accrued paid leave (like vacation or sick time) during your leave period.

5. What can I do if my employer denies my FMLA rights?
You can file a complaint with the Wage and Hour Division or consult an attorney to seek compensation for damages related to the denial.

If you have questions about your FMLA rights, contact your human resources department or speak with an employment attorney for guidance. Your rights matter, and taking action can ensure you receive the protections you deserve.

Understanding FMLA Rights for Employees in Henderson