The Family and Medical Leave Act (FMLA) allows eligible employees throughout Philadelphia and the rest of the United States certain benefits. FMLA Philadelphia protects the rights of employees on a state level, requiring that eligible employees receive unpaid leave and job reinstatement.
FMLA helps to protect the life balance of employees when difficult life circumstances and job responsibilities conflict. Although FMLA has defended the rights of workers since 1993, this complex law is still not fully understood by employers and employees, causing a number of issues in the workplace.
If you think you’re eligible for FMLA but your employer refuses to give you certain rights, contact an FMLA Philadelphia lawyer.
How Does FMLA Work?
The Family and Medical Leave Act works to offer eligible employees unpaid leave for medical reasons or familial obligations. Family members must be immediate family. Unpaid work leave lasts up to 12 weeks with job security.
While FMLA benefits job holders by promising unpaid leave with job reinstatement, companies reduce recruitment costs, employee turnover, and training programs. However, FMLA leave is only available to employees who are not only eligible themselves but also work for an FMLA eligible company.
Employer And Employee Requirements
FMLA requires employers and employees to meet certain standards before an employee can be eligible for unpaid leave. For example, Philadelphia employers with 50+ employees for more than 20 weeks in the previous or current calendar year are obligated to follow FMLA.
What Are The FMLA Employer Requirements?
Your employer must meet one of the two qualifications listed below. If your employer meets one or both, FMLA obligates your employer to allow FMLA eligible employees to take up to 12 unpaid, job-protected workweeks.
- 50+ employees for 20+ consecutive weeks
- public agencies (state, federal, local, and schools)
What Are The FMLA Employee Requirements?
The FMLA employee eligibility standards require that an employee has been employed by an FMLA eligible employer for a year or more. An employee who has worked a total of 12 months or 1,250 hours for his or her employer meets the prerequisite for FMLA eligibility.
Beyond this prerequisite, FMLA provides a specific list of approved reasons for requesting unpaid leave. The employer is within his or her rights to require documentation or certification from a health professional for specific reasons for leave. Below are a list of approved reasons for leave according to FMLA.
If you or an immediate family member are dealing with any of the below circumstances, you may qualify for FMLA.
- adoption or fostering a child
- qualifying exigency leave is for when an immediate family member is called into active duty
- prenatal care and morning sickness
- bed rest
- maternity leave after birth
- a serious health condition
- admitted overnight into the hospital
- unable to work due to 3+ days of severe illness and ongoing treatment
- chronic conditions that require treatment
What Is A Serious Health Condition?
A serious health condition, according to FMLA, is any illness, condition, injury, or impairment that requires hospitalization.
Not every circumstance falls under FMLA jurisdiction. Therefore, the Department of Labor in conjunction with FMLA has created a list for employers. Recognizing serious health conditions according to FMLA can help employers comply to the law and employees receive their rights.
Parameters For Serious Health Conditions
- treatment or incapacity due to a serious health condition (e.g. asthma, cancer, diabetes…)
- three calendar days absent from work, school, or daily activities with medical care due to severe illness or injury
- hospital, hospice, or medical care facility inpatient care
- incapacity based on a long-term health condition such as dementia or terminal diseases
- prenatal care or pregnancy incapacity
- absences for necessary medical treatments
Examples Of Serious Health Conditions
- severe respiratory conditions
- spinal injuries
- heart attacks
- severe nervous disorders
- ongoing pregnancy
- prenatal care
- childbirth recovery
If you aren’t sure that your health condition meets these FMLA requirements, call us.
My Employer Refuses My Request For FMLA Philadelphia Leave.
Failing to comply to FMLA is illegal. Despite FMLA being present for over twenty years, employers still fail to understand the rights and obligations under this law to their employees. In some cases, misinterpretation or lack of information on FMLA means that employees are not receiving full rights under the law. It is against the law for employers to violate FMLA.
What’s The Protocol For Requesting FMLA Leave?
Requesting FMLA Leave means notifying your supervisor or your HR department of your need to take FMLA leave. Check your company’s policies on FMLA leave.
Certain FMLA regulations may require that you and your employer fill out paperwork for your upcoming unpaid leave. When you know that you will need to take FMLA leave in the future, inform your boss. However, occasions will arise when you have no forewarning of your need for FMLA leave. In these cases, notify your employer as soon as you can.
In Philadelphia and the surrounding area, FMLA provides the most for employees in the event of medical and family situations.
If you are FMLA eligible but your employer denies you unpaid leave, contact a lawyer.
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.