WHAT IS MEDICAL LEAVE AND WHEN ARE YOU ENTITLED TO ONE?
The Family and Medical Leave Act (FMLA) entitles an employee to 12 work weeks of unpaid leave during any12-month period to attend to the serious health condition of the employee, parent, spouse or child, or for pregnancy or care of a newborn child, or for adoption or foster care of a child.
In order to be eligible for FMLA leave, an employee must have been at the business at least 12 months, and worked at least 1,250 hours over the past 12 months, and work at a location where the company employs 50 or more employees within 75 miles. Also, an employee seeking medical leave must give the employer notice of the need for leave and indicate when the employee anticipates returning to work.
The employee must provide information to the employer to suggest that his or her health condition could be serious. When the leave is foreseeable, the employee must give at least 30 days’ notice. When the leave isn’t foreseeable, the employer must provide notice to his or her employer as soon as practicable under the circumstances.
PRACTICAL ADVICE: If you think you have a serious health condition that could entitle you to a medical leave, give your employee at least a 30 days’ notice or as soon as practicable under the circumstances.
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