What Is Someone Entitled to Under the Family and Medical Leave Act?

If your employer is covered under the Family and Medical Leave Act, it’s possible you could receive protected time off to care for your loved ones during a time of need. Not sure whether you qualify? Wondering what you’re entitled to? The following should give you some direction.

Who Is Covered?

Covered employers are those with 50+ employees during the time of 20 workweeks or more. If you work for a public agency, public school or private school, your employer is covered regardless of the number of employees.

As an employee of a covered employer, you also have to meet certain qualifications. First, you have to be an actual employee; not a volunteer, seasonal worker or independent contractor. Second, you need 12 months or more of work with the company, with at least 1,250 hours during that time. The location in which you work must be within 75 miles of 50 other employees who work for the same employer.

What Are You Entitled To?

If you meet the above qualifications, you are entitled to take leave for up to 12 weeks. This leave is unpaid, though it is also protected, which means your job will be waiting for you when you get back. Reasons you may take this leave include:

  • Being ill with a serious health condition that prohibits your ability to perform the basics of your job.
  • Having to care for an immediate family member (parent, spouse, child) because of the family member’s serious health issue.
  • Your child is born, whether biologically or through adoption. You are also entitled to this leave if a child is being placed with your family through foster care.
  • Having an immediate family member on active military duty, resulting in an urgent need for your family.

Of course, there are special exceptions and unique circumstances in every situation. If you feel you are entitled to leave under FMLA, you can contact your employer, the U.S. Department of Labor or an attorney. It’s possible you’re entitled to more than what meets the eye.

Learning More

To learn more about FMLA, or if you’re wondering about anything concerning workers’ compensation and similar benefits, get in touch with a workers’ compensation attorney. You work hard to take care of your family, and you deserve to have your job waiting for you when you have to physically be there for your loved ones. Contact an attorney, like a worker’s compensation attorney in Queens, NY,  today to see what you can do to get started on the right track.



Thank you to the experts at Polsky, Shouldice, and Rosen, P.C. for their input into worker’s compensation law. 

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