If you're one of the millions of working Americans helping to care for a sick, disabled or elderly family member, it's essential to know what your rights and benefits are. Most people are familiar with the federal Family and Medical Leave Act (FMLA). However, many think it applies only to parents who need or want to take time off to care for a new baby.
The federal Family and Medical Leave (FMLA) act gives many employees the right to take unpaid time off without fear of losing their employment in the event that they become ill, a family member becomes ill, they or someone in their immediate family becomes pregnant, or a new baby or adopted child is coming into their family. Each person who can qualify for time off under the FMLA will need to satisfy other requirements as well, one of which is that they have not already taken 12 weeks of FMLA leave within a given calendar period.
In the employment law field, "retaliation" generally refers to an adverse action by an employer to punish an employee for lawful actions. The retaliation is often committed against an employee who exercises their legal rights. Courts tend to interpret retaliation as a highly unlawful action that ultimately serves to frighten employees into "putting up with" or "enduring" an employer's wanton disrespect for their rights.
Federal law may protect your job in the event of a family or medical emergency that requires you to take time off. The Family and Medical Leave Act (FMLA) protects certain workers who work for large companies, as it allows workers to take unpaid leave in the event that they or their family members have a medical situation that needs to be dealt with.
Your employer cannot terminate you for exercising your right to take a Family Medical Leave Act sabbatical. In other words, if you become pregnant or sick -- or if your spouse or family member becomes pregnant or sick or you adopt a baby into your home -- you can take some unpaid time off work without fear of losing your job.
If you qualify as a military caregiver to a covered service member, then you may have the ability to take up to 26 weeks of unpaid leave to provide care to your loved one. In general, this means that the individual receiving care is your parent, spouse, child or that you are their legal next of kin.
The Family and Medical Leave Act (FMLA) has specific protections for workers who meet the criteria for the unpaid leave. One of the provisions that is in this act is that the employee can take off work to care for a son or daughter. This can occur due to the birth, adoption or placement of a foster child in the home.
If you have never heard of the Family and Medical Leave Act (FMLA) this federal provision allows employees 12 weeks unpaid leave in which to care for a family member or themselves after a serious accident or the diagnosis of a medical condition, among other things.
Though you, like most other California residents, know that going to work is often a necessary part of life, certain situations may result in you needing time away from the office or wherever you may carry out your job-related duties. In some cases, those events may present a need for recurring time off or for an extended leave. However, you may wonder how those missed days could affect your employment status.
Many workers throughout the country qualify for benefits under the Family and Medical Leave Act (FMLA). However, they do not have a solid grasp on how these benefits might help or when an employee might properly use them.