It’s unrealistic for any employer to think that an employee will be able to work every shift their scheduled for the duration of their employment. This is partly because employees and their immediate family members may become ill or have other issues that require the worker to need time off.
One federal protection that some employees have in these cases is the Family and Medical Leave Act (FMLA). This provides covered employees with up to 12 weeks per 12-month period of unpaid leave if they have a qualifying situation, such as the birth, adoption or foster care placement of a child. Serious medical conditions of the employee or an immediate family member may be covered under FMLA.
A covered employee must work for a qualified employer
An employee must have worked for the employer for at least 12 months and a total of 1,250 hours. The time must have been worked within 12 months before the leave.
An employer must have at least 50 employees to be required to comply with FMLA requirements. If the employer has multiple smaller locations, they must have at least 50 employees in a 75-mile radius.
FMLA leave also provides employees with job security. The employer must place the employee back in their same position upon their return. If that position no longer exists, the employee must be placed in a comparable position. When employers fail to comply with the requirements of the FMLA, employees have the option of taking legal action. Because these cases are complex, it may be beneficial for the employee to seek assistance from someone familiar with this matter.