Put Our Experience To Work For You

Free Initial Consultations

Who can take FMLA leave?

On Behalf of | Jun 18, 2024 | Employment Law |

The Family and Medical Leave Act (FMLA) is a crucial law that helps employees handle the health challenges that life sometimes throws our way. If you are want to take time away from work to care for your own health or the health of a family member, you should consider whether you qualify for leave under FMLA.

What workers qualify for FMLA leave?

Only workers employed by a covered employer qualify for FMLA leave. This includes public agencies, public and private elementary and secondary schools and companies with 50 or more employees. Also, your work location must have 50 or more employees within 75 miles.

In addition, your work with the company must meet certain criteria. You need to have worked for your employer for at least 12 months. You must also have worked 1,250 hours or more during the past year.

What conditions qualify for FMLA leave?

FMLA leave allows you to take up to 12 weeks off, unpaid, for several specific reasons. These include:

  • The birth and care of your newborn child
  • Placing a child for adoption or foster care
  • Caring for a spouse, child, parent or other immediate family member with a serious health condition
  • Taking time away from work due to your own health condition, including chronic conditions that require periodic treatment

Additionally, there are special provisions for those with family members in the military. Someone named as a servicemember’s next of kin can take up to 26 weeks of leave to care for a service member with a serious injury or illness.

Understanding these rules can help you decide if FMLA leave is right for you and prepare you to discuss it with your employer. If you meet these conditions, you could be eligible to take the necessary time off to handle your family and health matters without having to worry about losing your job.

FindLaw Network