Law Offices of Dan A. Atkerson

A Crash Course: Family and Medical Leave Act

By Dan Atkerson on October 02, 2015

Father Dressed For Work Holding Baby In BedroomThe Family and Medical Leave Act provides protection for employees that need to take time off work to deal with family or medical issues. There are a number of situations that qualify for protection under the FMLA.

FMLA Conditions to Qualify

There are a few conditions that must be met for an employee to qualify for time off under the FMLA. They are as follows:
  • 50 or more employees – The company that you work for has to employ 50 or more people, including part-time and full-time, to be covered by the FMLA.
  • 12 months of employment – To qualify, you must have worked at the business for a year or more.
  • Average 25 hours per week – During those first 12 months, you need to have worked 1,250 hours (approximately 25 hours per week).

Qualified Medical Emergencies

Even after you meet the conditions for taking time off under the FMLA, not every situation qualifies. Examples of situations that qualify are as follows:
  • Birth or Adoption – If you are welcoming a new child into your home, you may take time off under the FMLA starting any time within a year of the birth or day of adoption.
  • Serious Health Condition – You may take time off for a serious health condition to recover.
  • Family Member’s Serious Health Condition – In the event that an immediate family member (i.e. parents, children or spouse) becomes seriously ill, you may take time off to tend to them.
  • Urgent Action for Family Member in Military – Time off is allowed for individuals that must attend to military matters coming from family members on active duty. This may include spending time with someone about to be deployed or on temporary leave among other things.
If you have any remaining question about the Family and Medical Leave Act, or feel that you have been wrongly denied time off under the FMLA, contact Dan A. Atkerson.

Atkerson Law Firm – Dallas employment lawyer

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