Those who have held their jobs for at least a year and whose employers meet minimum size requirements could be eligible for unpaid leave. The Family and Medical Leave Act (FMLA) is a federal statute that empowers professionals to take unpaid leave in certain specific circumstances.
What situations can help workers qualify for FMLA leave?
1. A personal medical issue
Individuals facing medical challenges may need to take leave. FMLA leave is available to employees who need time off to undergo treatment or to recover from a recent medical challenge.
2. The birth of a child
Many people make use of their FMLA protections after giving birth. New mothers may qualify for up to 12 weeks of unpaid leave when they have children. Foster and adoptive parents may also qualify for leave after the placement of a child in their household.
3. The medical needs of a family member
The FMLA also permits people to take leaves of absence to provide support for struggling family members. Spouses, children and parents in need of medical support can provide the basis for an FMLA leave request.
Typically, those seeking to support family members qualify for the same 12 weeks of leave as any other professional under the FMLA. However, if the family member in need of support is an active duty military service member, then the FMLA may allow for up to 26 weeks of unpaid leave.
Employers should allow workers to take leave and to return to their jobs without retaliation when their circumstances meet the standards enshrined in the FMLA. Those facing retaliation or struggling to secure the leave that they require may need help navigating this complicated employment law matter. Securing legal support may help workers understand and utilize their rights under the FMLA.