The FMLA is a federal law that requires certain employers to provide up to 12 weeks of unpaid leave during any eligible 12 month period. The FMLA only applies to employers who have 50 or more employees within 75 miles. An employee must have worked for his or her employer for at least 12 months, and is eligible for leave under the FMLA for the following reasons:
He or she is unable to work due to a serious health condition;
The birth and care of his or her newborn child;
The care of an adopted child or foster child; or
He or she has to care for an immediate family member (spouse, child, or parent) with a serious health condition.
To request leave under the FMLA, an employee must provide his or her employer with the appropriate notice and submit the required forms. After taking FMLA leave, an employer is not required to return you to the exact same job. However, if you are assigned to a new position, it must have the same or substantially similar job duties, responsibilities, and status. The new position must also offer the same pay, benefits, and general work schedule.
Employers are prohibited from interfering with, restraining, or denying you the rights guaranteed under the FMLA. If you believe that your employer has violated the requirements of the FMLA, it is important that you immediately contact a knowledgeable attorney who can help protect your rights.