What Are My Rights Under The Family And Medical Leave Act (FMLA)?

The Family and Medical Leave Act covers employees that have a medical or family need to be at home for up to 12 weeks in a 12-month period. The medical reasons can be pregnancy, personal family matters, adoption or other family medical matters. The employee will not receive pay during this time, but will continue to receive health care benefits and will still be employed by the employer. At the end of the leave, the employer will reinstate the employee at the equivalent position he/she had prior to the leave. An equivalent position is defined as a job that has the same or close to the same hours, work performed, work conditions, job responsibilities, and job security.

The Family and Medical Leave Act only covers employers with more than 50 workers that have been employed at least 20 weeks at the facility. Coverage does apply to public agencies and for employees that have worked for the company for at least 12 months. The employee must have worked at least 1,250 hours during the last 12 months for the employer before they can receive the benefits under the Family and Medical Leave Act.

Reasons that a person can utilize their rights under the Family and Medical Leave Act include a serious health problem in which the employee is unable to work, the need to care for a family member with a serious health problem, the birth of a child, care of a newborn, and the adoption of a child.

If you believe your rights have been violated under the Family and Medical Leave Act, you should immediately contact an employee rights lawyer or wrongful termination attorney in your state. You may be entitled to various forms of compensation.