The Family and Medical Leave Act (FMLA) is one of the most important federal statutes for modern employees. Under the FMLA, workers potentially have the right to request unpaid leave from work.
Workers who have held their jobs for long enough and who work for large enough companies can typically take up to 12 years of unpaid leave per year in qualifying circumstances. They should be allowed to take unpaid leave and to return to their position or to a comparable role within a company after their leave.
What are the three main scenarios in which FMLA leave is an option?
1. Personal medical challenges
Broken bones, infections or surgery are all medical issues that leave people unable to work temporarily. Under the FMLA, employees anticipating an extended leave of absence due to illness, injury or medical treatment can take up to 12 weeks of unpaid leave to address their medical needs before returning to work.
2. Having a child
After the birth of a child, a new mother requires time to heal. She usually also needs time to bond with her infant, and FMLA leave facilitates that process. People who have children placed in their homes for foster care or who adopt children may also be eligible for FMLA leave.
3. Supporting a family member
Workers can request leave when they need time away from their jobs to support their immediate family members. If a spouse, child or parent faces medical challenges and requires caregiver support, the FMLA allows a professional to take leave to provide that assistance.
Workers denied FMLA leave when they qualify or punished for requesting leave may have rights under the law. Holding employers accountable for violating the FMLA can lead to compensation and/or reinstatement to a prior position with the company.