The Family and Medical Leave Act (FMLA) in Erie offers eligible employees of covered employers with unpaid leave and job reinstatement because FMLA recognizes that life doesn’t always go according to plan. Naturally, FMLA provides qualifying reasons for employees. FMLA Erie also upholds the federal standards on a city level to protect the rights of Erie employees.
FMLA Erie Requirements
First of all, FMLA standardized employer and employee requirements for unpaid leave due to family or medical problems. Additionally, Erie employers with 50 or more employees for 20 consecutive workweeks are obligated to comply with FMLA. FMLA states requirements clearly because this law should be used by employees and employers alike.
The following are FMLA employee requirements.
- 50+ employees at workplace
- a year or more at this company
- 1,250 worked hours in a year
FMLA Reasons For Unpaid Leave
FMLA Erie provides unpaid, job protected leave for employees who are managing family situations or health issues. Of course, every situation is different. But FMLA creates specific lists of covered reasons where employees are eligible for leave.
FMLA leave is available to you when you meet the law’s requirements and you are dealing with one of the below situations.
- caregiving for a family member who suffered injury during active duty
- new child bonding, whether biological, fostered, or adopted
- handling qualifying exigencies from a family member’s military service
- caring for a family member with a serious illness or health condition
- recuperating from a personal health problem
How Much FMLA Leave Is Available?
First of all, FMLA offers twelve weeks of unpaid, job-protected leave for eligible employees. However, once used, the unpaid leave only renews after 12 months of completed work. An exception to this rule, however, is an employee with a family member who suffered injury during active duty; therefore, this employee is eligible to receive up to 26 weeks of unpaid leave.
Do I Get My Job Back?
FMLA obligates employers to reinstate employees, who took unpaid FMLA leave, to his or her original job or to an equivalent position.
FMLA: What Is A Serious Health Condition?
First of all, FMLA created a list of what constitutes a serious health condition. In fact, FMLA defines a serious health condition as an illness, impairment, condition, or injury, which requires hospital care or treatment. Although FMLA may seem straight forward, the requirements and case-by-case scenarios can complicate your understanding of your FMLA eligibility.
The Family and Medical Leave Act structures the standards for determining a serious health condition. Meanwhile, the Department of Labor provided the below list to serve employers desiring to know whether or not certain situations apply.
- three calendar days absent from work, school, or daily activities with medical care due to severe illness or injury
- prenatal care or pregnancy incapacity
- absences for necessary medical treatments
- hospital, hospice, or medical care facility inpatient care
- incapacity based on a long-term health condition such as dementia or terminal diseases
- treatment or incapacity due to a serious health condition (e.g. asthma, cancer, diabetes…)
Serious health conditions include…
- heart attacks
- severe nervous disorders
- severe respiratory conditions
- spinal injuries
- ongoing pregnancy
- prenatal care
- childbirth recovery
If you have been denied FMLA leave while you have a serious health condition, call us.
Kraemer, Manes & Associates LLC “KM&A” is a law firm serving all of Pennsylvania with our principal offices in Pittsburgh and Philadelphia. Call KM&A in western Pennsylvania at 412-626-5626 or in eastern Pennsylvania at 215-618-9185. KM&A can be reached by email at firstname.lastname@example.org.