Facing a major medical event, such as an injury or the birth of a child, can be stressful. Ensuring that you or your Marina del Rey, CA loved one can recover fully is essential, but that is not always possible. Some people do not allow themselves time away from work to recover from a major medical event for fear of losing their job.
The fear of losing employment should never keep a worker from allowing themselves or a loved one time to recover properly. The Family and Medical Leave Act provides protection for employees who need to take time away from work for a significant family or medical event. The team at the Law Offices of Miguel S. Ramirez can help you navigate your FMLA claim to ensure you have the time off you need.
The Family and Medical Leave Act is a law passed by Congress in 1993. It provides job security for workers who are facing a major family or medical event. This law requires certain employers to provide up to twelve weeks of unpaid leave each year to employees who are dealing with a major medical event. The employees are able to take their leave with no fear of retaliation or losing their job. If you need to take a leave of absence related to a family or medical event, it is important to know whether your employer is required to carry FMLA coverage.
While it should be standard for employees to be able to take time off when they need it, not every employer is required to offer FMLA leave. There is a set list of employers that are required by federal law to offer this leave to their employees. The three primary categories of employers that are required to provide FMLA leave are:
As with employers who must provide FMLA leave, there are also certain criteria that an employee must meet to be eligible for FMLA. They include:
If an individual does not meet these criteria, then they will likely not be eligible for leave under the Family and Medical Leave Act.
The Family and Medical Leave Act is a federal program that was passed in 1993. The act was put in place by Congress to offer additional protection to workers around the country. The Family and Medical Leave Act places specific requirements on employers to ensure that workers’ jobs are protected if they have to miss work for any family or medical reasons. The program allows workers to take a set amount of time away from work when necessary, without fear of losing their job.
If you need to take time away from work for family or medical reasons, it is important to understand how you can qualify for that time. There are several circumstances that qualify someone to take an FMLA leave. Some of these are:
If you are facing any of these circumstances, plus more, you may qualify for an FMLA leave.
The leave offered by the Family and Medical Leave Act is unpaid leave, so no one is paid during their leave. Some employers put options in place for employees to receive pay during a period of leave, but there are other stipulations attached to it. The employer may require an employee to dip into their vacation or sick leave if they want to be paid during their leave. Regardless of the specifics, if an employee wishes to be paid during their FMLA leave, they must abide by their employer’s rules.
While taking time away from work is necessary in situations that require FMLA leave, there is a limit on the amount of time that an employee can be away. The Family and Medical Leave Act provides twelve weeks of leave for qualified employees. That is twelve weeks that your employer is required to hold your job with no penalties. It is important to note, however, that the leave provided by the FMLA is unpaid. Many people cannot afford to take the full-time when it is unpaid, but the full twelve weeks are available to you.
Family and medical emergencies are stressful and emotional, no matter the circumstances. That stress can be exacerbated if one family member must miss time at work to deal with, or recover from, a major medical event. The fear of losing their job may keep an individual from taking the necessary time away to recover or care for a recovering loved one. The Family and Medical Leave Act guarantees you twelve weeks of unpaid leave per year for major family and medical events. If you need assistance navigating your FMLA claim, contact the experts at the Law Offices of Miguel S. Ramirez today.