Family and Medical Leave

When workers have family emergencies, they are eligible, under federal law, to take paid leave to take care of their loved ones. The Family and Medical Leave Act, though, has relatively strict standards as to who is qualified and when they can leave. It can be too time-consuming to work and to sufficiently care for a loved one when they are seriously ill; so many people have to take time off from work to be able to provide support for their family.

According to the FMLA, only employees who work for a “covered” employer are eligible for this benefit. A covered employer would be any federal or state government agency, as well as a private company with 50 or more employees that participates in interstate commerce. This covers a huge percentage of the businesses in America, so chances are good that the average company would be included.

As far as the individual goes, to receive the possible 12 weeks of unpaid leave, with medical benefits, they must have worked at their qualifying company for at least a year, and must have worked at least 1250 hours in that year.

The FMLA allows for workers to take leave only when a parent or child is ill. No other family member qualifies as a way to make the employee eligible for the Family and Medical Leave Act’s provisions.

Contact Us

If you feel that your position has been wrongly terminated after taking a leave of absence to care for your family, you may be entitled to reparations. For further information, contact the Austin labor attorneys of The Melton Law Firm at (512) 330-0017.