The U.S. government enacted the Family Medical Leave Act or FMLA to grant individuals the rights to 12 weeks of protection, should they have to temporarily leave their job to recover from a medical condition or to care for a loved one.
However, it is not uncommon for some employees to be denied leave. This may be a violation of your rights. If you have been wrongfully denied FMLA benefits to which you are entitled, reach out to an experienced Virginia employment attorney who can assist you with this process. Our firm is here to help. Continue reading to discover the questions you may have regarding your employment rights under the FMLA.
How can I know if I qualify for FMLA?
You will qualify for FMLA if you meet the following requirements:
- You have an FMLA qualifying medical condition
- A family member you will be caring for has a qualifying medical condition
- You are looking to care for a newborn or adopted child
- You have 1,250 hours working for the employer over the last year
- Your employer must have at least 50 employees within a 75-mile radius of the location you work
What benefits are covered under the FMLA?
Other than the 12 weeks of medical leave that is protected under FMLA, you should also be entitled to return to the same position you had before your leave or a significantly similar position.
Will my employer be required to pay me during FMLA leave?
It is important to understand that your employer is not required to pay you during these 12 weeks of leave. However, many employers do choose to pay employers who utilize FMLA leave. Upon returning from your leave, if you are denied your position, you may have a valid case against your employer.
For any additional questions or concerns regarding FMLA, please contact our experienced employment attorney who will be happy to walk you through your inquiries. Reach out to our firm today to learn more about our services and how we can assist you if you are facing an employment-related legal matter.
CONTACT A CHESTERFIELD COUNTY EMPLOYMENT ATTORNEY
At Passero Employment Law, we understand it is difficult to confront problems in the workplace or face litigation. With that in mind, we take a solutions-oriented approach to our representation – focusing on the right process and the right solution for each of our clients. To discuss your case, do not hesitate to contact Passero Employment Law today.