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The FMLA grants covered employees at certain workplaces up to a total of 12 workweeks of unpaid leave during any 12-month period. The FMLA covers the birth and care of the newborn child of the employee, the placement with the employee of a son or daughter for adoption or foster care, care for an immediate family member (spouse, child, or parent) with a serious health condition, and/or to take medical leave when the employee is unable to work because of a serious health condition.
The FMLA is in addition to any paid time off available to an employee. Employees may substitute annual and/or sick leave for any unpaid leave under the FMLA. Employees are not entitled to be paid for their time off under the FMLA.
Returning to Work
When an employee returns to work after FMLA leave, he/she must be returned to the same or equivalent position as when they left the workplace. This includes equivalent compensation, benefits, status, and other terms, conditions and privileges of employment. As long as employees pay their share of health care premiums on a current basis or agree to pay the premiums upon return to work, employers may not take health benefits coverage away from employees on FMLA leave.
Notifying Your Employer
Where possible, employees should notify their employer of their intent to take medical leave at least 30 days prior to the day leave is scheduled to begin. In case of emergency, employees should notify their employer as early as possible. Employers are allowed to request medical certification for the employee's leave due to a serious health condition or leave taken to care for the employee's spouse or other immediate family member with a serious health condition.
Your Options
If you think your employer has violated your FMLA rights, you may benefit from a consultation with an attorney at the Zipin Law Firm.
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