Invoking Your Rights Under the FMLA: A Guide for Employees

Posted by Kevin Koc | Dec 29, 2022 | 0 Comments

The Family and Medical Leave Act (FMLA) is a federal law that provides certain employees with the right to take unpaid, job-protected leave for specific family and medical reasons. These reasons include the birth or adoption of a child, the care of a family member with a serious health condition, and the employee's own serious health condition. It is important for employees to understand their rights under the FMLA and to know how to invoke those rights when necessary.

In order to be eligible for FMLA leave, an employee must work for a covered employer, have worked for that employer for at least 12 months, and have worked at least 1,250 hours in the 12 months prior to the start of the leave. It is the employer's responsibility to inform employees of their eligibility for FMLA leave, but employees should still be aware of the eligibility requirements and ask their employer if they are unsure.

When an employee needs to take FMLA leave, they should inform their employer as soon as possible, either orally or in writing. Employees should provide enough information for their employer to understand that the leave is being taken for an FMLA-qualifying reason, but they are not required to provide specific medical information. If the need for leave is foreseeable, employees should provide their employer with at least 30 days' notice. If the need for leave is not foreseeable, employees should provide notice as soon as possible.

In some cases, employees may be required to provide certification from a healthcare provider to support their request for FMLA leave. Employees should be aware of the certification requirements and provide the necessary documentation in a timely manner.

Upon returning from FMLA leave, employees are entitled to be restored to their same or an equivalent position. Employees should notify their employer when they plan to return to work and should be prepared to provide documentation of their fitness for duty, if necessary.

If an employee believes that their FMLA rights have been violated, they can file a complaint with the Department of Labor's Wage and Hour Division or file a lawsuit in federal court. It is important for employees to keep track of their FMLA leave and to document any issues that may arise.

In conclusion, the FMLA provides important protections for employees who need to take time off for certain family and medical reasons. By understanding their rights and how to invoke those rights, employees can ensure that they are able to take the time they need to care for themselves and their loved ones without fear of losing their job.

About the Author

Kevin Koc

Kevin Koc has practiced employment law in Kansas and Missouri for over 15 years and has been a part of several successful jury trials and federal appeals. Prior to becoming an attorney he worked in the Human Resources field where he gained a practical understanding about how the day to day work life of employees is impacted by employment laws.


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