The Family and Medical Leave Act provides important protections to employees throughout the United States. Unfortunately, many employees are not aware of the act or what rights it provides them – leading many businesses to violate the act, knowingly or not. Whether you’re a business owner or an employee, ensuring that your workplace follows the rules of the FMLA will allow for a healthier environment and prevent potential disputes.
Who is covered by the FMLA?
Employers must comply with the act if they had at least 50 employees for at least 20 weeks of the current or previous year. All employees who have worked within a 75-mile radius for a year or longer and for at least 1,250 hours during the previous year qualify for FMLA rights.
What rights are provided to employees?
Eligible employees are provided the right to up to 12 weeks of leave in order to care for themselves or a family member with a serious health condition, raise a newborn child, and prepare for a family military member’s leave for service. Employees can utilize this leave once every year, with extensions available for extenuating circumstances.
Leave provided by FMLA is unpaid by default, but your company may either allow or require paid leave to be used in order to receive pay during your leave. If health insurance is provided through the business, it must continue to be provided to employees for the entire duration of their leave and at the same rate normally paid while working. Upon returning, employees must be reinstated to the same or similar position they held before they left. Similar positions must include the same pay rate, schedule, and duties of the position held before going on leave.
Florida also provides additional benefits to employees in cases of domestic violence. Businesses that qualify for FMLA must also provide an allowance of 3 days once a year to allow employees time to handle issues pertaining to domestic violence, including medical care and applying for protection orders. Employees can take this leave to handle these issues for themselves or to assist a family member who is a victim of domestic violence.
If you’re an employee and believe that you were denied rights that should be provided to you through the FMLA, or are a business owner facing an FMLA dispute, contact Salas Law Firm today at (954) 315-1155 to schedule your consultation.
John Salas
