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3 times workers have the right to take unpaid FMLA leave

On Behalf of | Jan 15, 2025 | Uncategorized

Numerous federal laws help protect employees from unsafe or oppressive work arrangements. For decades, the Family and Medical Leave Act (FMLA) has served to protect the job security of individuals who need to take an extended leave of absence due to personal reasons.

Employers generally have to allow qualifying workers who have been with the company for 12 months or longer to take up to 12 weeks of unpaid leave. Workers have the right to request unpaid leave and to return to their prior positions without retaliation after doing so.

What personal circumstances make a worker eligible for FMLA leave?

Individual medical hardship

When an employee incurs an injury or develops a debilitating illness, they may qualify for FMLA leave. The FMLA authorizes unpaid leave for workers to recover from an injury or illness or undergo treatment. Provided that a worker has medical documentation affirming their condition and need for leave, their employers should not penalize them for taking time off to take care of their health.

A new addition to the family

Most people associate FMLA leave with maternity leave. Women who have just given birth often make use of FMLA protections to request 12 weeks of leave to supplement whatever maternity leave their employers provide. This gives them time to physically recover from labor and delivery. The law also allows people who have a foster child placed in their homes to request FMLA leave. Leave is also available after the legal adoption of a child. FMLA leave can provide time for the family to bond after a major change to the household.

A close family member’s medical issues

If an immediate family member has a medical emergency, the FMLA may apply. Workers who need time off to care for their parents, spouses or children may be able to request leave to help support their loved ones. They can take time off to help their spouse recover after a surgery or to support their parent going through chemotherapy. Despite the legal protections in place for workers, some employers deny valid leave requests or penalize those who request FMLA leave.

Understanding when the FMLA applies can help workers assert themselves and fight back against employer misconduct. Those denied leave or punished for taking leave may need to take legal action against their employers. Reviewing a situation carefully with a skilled legal team can help workers determine whether employment litigation is a viable solution given their circumstances.