Understanding Your Rights under the Family Medical Leave Act (FMLA)

TLDRThe Family Medical Leave Act (FMLA) provides employees with legal entitlements to take a leave of absence due to medical reasons, maternity/paternity leave, or to care for a sick family member. This video explains the rights provided by FMLA, who qualifies, what happens if your employer denies your leave, and more.

Key insights

📝FMLA gives employees legal entitlements to take a leave of absence for various situations, such as medical conditions, childbirth, or caring for a sick family member.

FMLA applies to employees who have worked at the company for at least 12 months, have worked at least 1,250 hours in the past year, and work for a company with 50 or more employees within 75 miles.

💼While on FMLA leave, your employer must allow you to return to the same job or a comparable position with similar pay, benefits, seniority, and responsibilities.

💰FMLA leave is generally unpaid, but if you have health insurance through your employer, they must continue to pay for your health insurance premiums during your leave.

📅You can take up to 12 weeks of FMLA leave in any 12-month period, which can be taken all at once or intermittently in certain situations.

Q&A

Who is eligible for FMLA?

Employees who have worked at the company for at least 12 months, have worked at least 1,250 hours in the past year, and work for a company with 50 or more employees within 75 miles.

Can my employer deny my FMLA leave request?

Under certain circumstances, your employer can deny your FMLA leave request. However, they must have a valid reason and must notify you of the denial with a valid explanation.

Is FMLA leave paid?

FMLA leave is generally unpaid. However, if you have health insurance through your employer, they must continue to pay for your health insurance premiums during your leave.

Can I take intermittent FMLA leave?

In certain situations, you can take intermittent FMLA leave, allowing you to take leave in smaller increments as needed. However, there are restrictions for specific types of leave, such as maternity leave.

What happens if my employer retaliates or denies my return from FMLA leave?

If your employer retaliates against you for taking FMLA leave or denies your return, you may have grounds for a lawsuit. It is advisable to consult with an attorney if you believe your rights have been violated.

Timestamped Summary

00:00In the past, employees were often terminated when they needed time off for medical reasons, but the Family Medical Leave Act (FMLA) changed that.

02:26FMLA allows employees to take up to 12 weeks of unpaid leave in any 12-month period for medical leave, maternity/paternity leave, or caring for a sick family member.

07:32To be eligible for FMLA, an employee must have worked at the company for at least 12 months, worked at least 1,250 hours in the past year, and work for a company with 50 or more employees within 75 miles.

09:59FMLA leave is generally unpaid, but employers must continue to pay for health insurance premiums during the leave.

11:32FMLA permits employees to take intermittent leave in certain situations, allowing them to take leave in smaller increments as needed.