The Family Medical Leave Act (“FMLA”) provides eligible employees with up to twelve (12) weeks of unpaid leave to care for their own, or a family member’s, serious medical condition. Employees are also entitled to FMLA leave for the birth or adoption of a child. To be considered eligible for FMLA leave, an employee must: 1) have been employed for one (1) year; 2) by an employer who has fifty (50) or more employees; and 3) have completed one thousand two hundred and fifty (1,250) hours of service in the previous twelve (12) month period.
Once an employer becomes aware that an eligible employee needs time off from work due to a FMLA qualifying reason, the employer must notify the employee of his/her entitlement to FMLA leave. In fact, a failure to advise an employee of their FMLA rights can constitute a violation of the FMLA.
If an employer has failed to advise you of your rights under the FMLA or has denied your request for time off from work, you should consult an attorney immediately to determine your eligibility for FMLA leave.