The Family and Medical Leave Act (FMLA) is a federal law that protects employees during difficult times. Individuals who require time away from work due to a personal medical challenge, the needs of an immediate family member or the addition of a child to their household may qualify for unpaid FMLA leave.
Workers can theoretically take up to 12 weeks of unpaid time off from their job when they have qualifying personal circumstances. What should workers expect when notifying their employers of their intent to take unpaid leave?
Verification may be necessary
Employers may struggle to redistribute work or replace an employee temporarily during their leave of absence. As such, the company may take certain steps to validate an FMLA leave request. Workers do not necessarily need to provide diagnostic information to their employers.
However, they may need to provide information about their need for leave to undergo treatment or heal from an injury. They may need to validate their relationship with a family member who needs medical care or provide documentation showing that they are about to have a child, complete an adoption or secure a foster placement.
Retaliation should not occur
Employees who request unpaid FMLA leave should be able to take the leave they require without facing any career consequences. They should return to the same position they previously held or to a comparable one.
Their employer should allow them to retain their wages and benefits. Employees should not face demotions, wage reductions or terminations in response to requesting leave or returning from FMLA leave.
In scenarios where employers unfairly deny FMLA leave to qualified workers or where they punish employees for taking leave, legal assistance may be necessary. Documenting FMLA leave requests and an employer’s reactions could help professionals assert their right to unpaid leave without risking their career stability.