Are You Entitled To Take Family Medical Leave?
In some cases, employees — even “at-will” employees — have the right to take medical leave under the federal Family and Medical Leave Act (FMLA). This act guarantees employees the ability to take medical leave without fear of retribution or retaliation from employers.
Attorney David Simons has represented workers in Honolulu and across Hawaii for decades with violations of the FMLA. If you qualify for FMLA leave and are reprimanded, you may be entitled to compensation for lost wages and other costs. We can help.
What Is The FMLA?
The FMLA entitles employees to take up to 12 weeks of unpaid leave during a 12-month period for in order to:
- Recover from an injury that prevents the employee from working
- Care for a seriously injured or ill family member
- Care for a newborn child
- Arrange adoption or foster care agreements
While the employee cannot exceed 12 unpaid weeks in a 12-month period, the time off does not have to be taken consecutively.
Who Can Take FMLA?
Employees can take FMLA leave if they have:
- Been employed by a single employer for at least a full year
- Worked at least 1,250 hours over the preceding 12 months
In addition, the employee must work at a location in which their employer employs at least 50 individuals within 75 miles.
Because there are some additional considerations and options for employees who don’t generally fit these criteria, employees should check with their employer, as well as with a lawyer.
Upon returning from the unpaid leave, the employee should be restored to their previous job position, title and wage, without being punished for taking time off.