How Attorneys Communicate the Family Leave Act
FMLA or the Family Medical Leave Act is a federal law that states qualified employees may take 12 workweeks of leave without pay every year. They cannot be fired by their employer for taking the said leave and their medical and health benefits must be maintained. Since FMLA is a federal law, all federal, state and local employees working for public agencies can avail of the benefits from this law. For private employees, their employers must meet certain qualifications first before they are required to provide the benefits of the FMLA.
Private employers who have 50 or more employees within at least 20 working weeks for the present or previous year are required by the law to give FMLA benefits to their employees. However, not all employees can apply for FMLA. Employees must first meet these requirements to be eligible or before they can apply for leave under FMLA:
- Your employer must meet the minimum requirement for them to be required by the law to provide the benefits of FMLA (refer above)
- The employee must be employed by the employer for at least a year and has worked a total of 1,250 hours within that year period to be eligible to apply for a leave under FMLA.
- The employees’ workplace must have at least 50 employees or work in a place nearby (at most 75 miles) from such workplace previously described.