The Family and Medical Leave Act (FMLA) is a key piece of legislation that provides eligible employees with the right to take unpaid leave for certain family and medical reasons. While FMLA is intended to protect workers’ rights, it also comes with specific obligations for employers. In this blog post, a discrimination lawyer is here to explore the responsibilities and rights of both employees and employers under the FMLA.
What Is FMLA?
The FMLA was enacted to allow eligible employees to take up to 12 weeks of unpaid leave within a 12-month period for reasons such as personal illness, caring for a sick family member, or the birth or adoption of a child. During this time, employees are entitled to job protection and continuation of health insurance benefits. The law also provides additional protections for military family leave.
While the FMLA provides important benefits to employees, both parties must understand their obligations to ensure that the process runs smoothly.
Employee Rights Under FMLA
The Family and Medical Leave Act (FMLA) grants employees several key rights as shared by our friends at Exhibit G Law Firm:
- Unpaid Leave: Employees can take up to 12 weeks of unpaid leave per year for qualifying reasons without fear of losing their job.
- Job Protection: Employees are entitled to return to the same or equivalent position with the same pay, benefits, and conditions.
- Health Insurance Continuation: Health insurance benefits continue during FMLA leave, with employees responsible for their share of premiums.
- No Retaliation: Employers cannot retaliate or discriminate against employees for taking FMLA leave.
- Notice Requirement: Employees must provide reasonable notice (at least 30 days for foreseeable leave) to avoid delays or denial.
Employer Responsibilities Under FMLA
For employers, the FMLA brings with it specific obligations designed to ensure fair treatment of employees who need to take leave. These include:
1. Eligibility Requirements:
Employers must determine whether employees are eligible for FMLA leave. To be eligible, employees must have worked for the employer for at least 12 months and have worked at least 1,250 hours during the preceding 12-month period. Additionally, the employer must have 50 or more employees within a 75-mile radius.
2. Notice Requirements:
Employers are required to provide eligible employees with information about their FMLA rights and responsibilities. This includes distributing a notice explaining FMLA provisions when employees first request leave and when they return from leave.
3. Maintain Health Benefits:
Employers must continue health insurance coverage during an employee’s FMLA leave, as long as the employee continues to pay their share of the premiums. Failure to maintain health benefits during leave can result in legal consequences for employers.
4. Job Protection:
Employers must ensure that employees taking FMLA leave are reinstated to their same or an equivalent job when they return, with a few exceptions.
5. Avoid Retaliation:
Employers cannot retaliate against employees who exercise their FMLA rights. This includes taking adverse actions such as demotion, reduction in pay, or termination due to an employee’s use of FMLA leave.
Contact an attorney near you today if you need assistance with FMLA leave or if you have concerns about your rights as an employer or employee.