Anytime a family member, spouse, or child is severely sick and requires immediate care, you can only hope you’re able and well enough to provide that care for them. That is why employers are subjected to abide by FMLA, of course with subjective stipulations and variations from state to state. USAttorneys.com and its reliable labor and employment lawyers in Hartford, Connecticut want you to be aware of what you are entitled to should you require the need to take FMLA.
Family and Medical Leave Act, FMLA, is when certain employees are able to take up to 12 weeks off, with no pay, to cater to themselves, their spouse, parent, or child, who is terribly ill and possess a serious health condition. During this time, any employee that qualifies for FMLA is also expected to continue receiving their own insurance coverage as if they were still present at the workplace. If you are a victim of the loss of your health insurance while on FMLA, you may want to contact an employment law legal representative who can help decipher whether you not you have a legitimate case to file a claim.
Who does FMLA cover:
According to the United States Department of Labor:
Federal FMLA allows you up to 12 weeks of unpaid time off in a 12-month period. It will cover you if:
- There are 50+ employees at your workplace, and
- You have worked 1250 hours during the last 12 months, not including vacation, holidays, or sick leave
State FMLA covers you for up to 16 weeks of which this time is not compensated in a 24-month period. It will cover you if:
- There are 75+ employees at your workplace, and
- You have worked 1000 hours during the last 12 months, not including vacation, holidays, or sick leave
Does going on FMLA protect my job?
While employers are entitled to let go any employee who no longer can work at the required level needed, they do in fact possess the right to dismiss this employee from their duties, depending as stated in their employee contract and handbook. However, in the event an employee is placed on FMLA, their employer must provide them with their old job once they return. If that is no longer available, the employer must provide them with an equivalent job with the same duties and responsibilities, along with the same level of pay.
If your employer denied you of your rightful position, or has placed you in a more strenuous condition following the sickness you struggled with, it is important you take action immediately. Also, be sure you are receiving the same rate of pay as you were previously. If not, take some time to sit down and speak with your employer to determine the reasoning behind why they aren’t abiding by the FMLA laws. If no resolution is arrived at, be sure to file a complaint, or obtain advice from a Hartford employment law attorney today.