Who Can Take Family and Medical Leave (FMLA)?

family and medical leave act

Whether your family is experiencing unexpected health issues or planning for a new child, it can be difficult to know where to turn or what to do next. Talking to your employer about family or medical leave is challenging, but the attorneys at MSB Employment Justice are here to offer guidance you can trust. MSB supports employees in their time of need and provides legal services to fit your specific needs and goals.

Understanding your rights will help you feel confident when approaching your employer about medical leave. The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees up to 12 weeks of unpaid job-protected leave per year. Employees are entitled to return to their same job (or an equivalent job) at the end of their FMLA leave.

FMLA can be used to care for and bond with a newborn child, or even when an employee is adopting or becoming a foster parent.  Employees can also take time off for their own serious medical condition or to care for their child, spouse, or parent with a serious medical condition.

In order to be eligible to take FMLA, an employee must:

  • Worked 1,250 hours during the 12 months prior to the start of leave (about 25 hours per week).
  • Work at a location where the employer has 50 or more employees within 75 miles.

The 12 months of employment are not required to be consecutive for an employee to qualify for FMLA leave. Employers cannot refuse to approve qualified leave, and they cannot retaliate against an employee for requesting or taking FMLA. Examples of FMLA retaliation are a demotion or transfer, a pay cut or reduction in benefits, a drastic change in your job duties, and even termination.

If you feel your employer may have violated your FMLA rights, contact the experienced employment lawyers at MSB Employment Justice. Give us a call today at 612-677-2680 or send us a message online to speak with an attorney at MSB. 

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Ross Stadheim

Ross Stadheim

Early on in law school, Ross Stadheim discovered his true passion — the plaintiff side of employment law. Embracing a chance to make a meaningful difference, he never looked back. Before becoming a founding partner at MSB Employment Justice, Ross garnered over $29 million in settlements and verdicts for his clients over the past 10 years at his previous firm. See Full Bio

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