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What are your rights under the FMLA?

On Behalf of | Dec 8, 2021 | Employment Law

Employees in Indiana may find the need to take off time from work for various reasons. The Family and Medical Leave Act allows workers the right to take off for some specific causes, so it’s important to understand those rights.

What is the FMLA?

The Family and Medical Leave Act, or FMLA, is an employment law that allows some workers to take up to 12 weeks off from work for health-related or family care reasons. By law, employees are able to take off time to tend to a serious health condition that prevents them from being able to work or to care for a spouse or family member who has a serious health condition. It also lets employees take off time for the birth, adoption, or fostering of a new child.

The FMLA is only available to some workers: Only employers who have 50 or more employees who have worked for the company for at least 20 weeks may offer it. Certain types of workers are entitled to FMLA based on their field or workplace as well.

What is considered a serious health condition?

A serious health condition includes a physical or mental condition that makes it necessary to be hospitalized and receive ongoing treatment by a doctor. It includes medical conditions that require missing three or more days from work, are chronic, and cause a person to be incapacitated. The condition must require continuous treatment for an extended time and can be long-term or even permanent. Conditions that may not have effective treatments qualify under employment law as well.

What must be done to take FMLA leave?

Employees who need time off through FMLA leave should provide their employer with at least 30 days’ notice. In some cases, it’s not possible to do that. However, in a medical emergency, the employee should give their employer as much notice as possible.

By law, you are entitled to take off time via the FMLA if you need it. You should work with your employer to make sure you have the same job or a comparable job when you return.