Federal and state laws protect employees from unfair and unlawful treatment at the hands of their employers.
One of those laws is the “Family Medical Leave Act” or FMLA. FMLA became federal law in 1993. FMLA requires most employers to provide qualified employees with up to 12 weeks of time off per year to deal with their own or their immediate family members’ serious health concerns.
“Qualified employees” are those that have worked for their employer for at least 12 months, and have worked for at least 1,250 hours over the previous 12 months, and work at a location where at least 50 employees are employed by the employer within 75 miles.
Employers do not have to pay employees for FMLA leave, but they must keep a qualified employee’s job or a comparable job available to upon his or her return. A qualified employee may choose to use vacation and/or sick time so that they are paid for time off. An employer may require the qualified employee to use vacation and sick time during FMLA leave.
If a qualified employee is unable to return to work after the 12 weeks have been used, the employer may terminate the qualified employee’s employment.
Like many other laws regarding employment, the FMLA contains a provision that forbids “retaliation”. This means that an employer may not take action against someone for use of FMLA time. Employers may not use FMLA time as a negative factor for evaluations, raises, or promotions. It is also unlawful for an employer to take action against an employee for opposing a practice that violates the FMLA.
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