Even the most dedicated employee may occasionally need time away from work. On the other hand, even the most flexible employer needs reliable staffing. The tension between company demands and an employee’s need for a healthy work-life balance can damage employment relationships.
There are federal regulations that impose certain basic requirements on modern employers to help protect their staff members. The Family and Medical Leave Act (FMLA) was a groundbreaking piece of legislation when it first passed the federal legislature. It established the right of certain employees to take a limited amount of unpaid leave in specific circumstances.
When does federal law allow workers to take unpaid leave from their jobs?
After they accrue enough seniority
FMLA leave is technically only available to those who have worked for a company for at least 12 months. In fact, they need to work a minimum number of hours during the 12 months prior to their leave to be eligible. The FMLA typically only applies to professionals who have performed at least 1,250 hours worth of work for a company in the 12 months prior to their leave request.
When the company is big enough
Another important consideration when requesting FMLA leave is whether the company can accommodate the worker without hardship. Typically, that means having enough employees to cover the responsibilities or shifts that the worker cannot accept. The FMLA typically only applies to companies that have at least 50 employees within 75 miles of the worker requesting leave.
When specific circumstances apply
The FMLA extends leave rights in three specific circumstances. Employees who have injuries or illnesses can use FMLA leave to recuperate. They can also request FMLA leave while undergoing treatment, such as chemotherapy. Workers can request FMLA leave after having a baby, adopting or securing foster placement of a child in their home. Finally, they can request FMLA leave if an immediate family member requires medical support. FMLA leave is usually only available to the spouses, parents or children of the party in need of medical support.
Learning more about the rules that govern FMLA leave requests can be beneficial for both employers and workers in need of unpaid leave. With so much at stake, it’s important to avoid making assumptions about one’s rights and responsibilities.