There are any number of reasons, which may necessitate workers in Minnesota to take time off of work. It is not uncommon for employers to lack understanding in these circumstances. In order to protect employees’ rights, many Minnesota employers must comply with the federal Family and Medical Leave Act.
At Neaton & Pucklich, P.L.L.P., we regularly speak with workers who have been treated unfairly either prior to, or after, taking leave under the FMLA. Often, employees in these situations are unsure of their rights. In this post, we will provide an overview of the federal FMLA.
With few exceptions, the FMLA covers employers who have 50 or more workers, according to the U.S. Department of Labor. Employers under the jurisdiction of the FMLA must generally provide eligible employees up to 12 weeks of unpaid leave for qualifying reasons. Beyond allowing employees to take leave from work, the FMLA requires that the jobs of workers be protected. This means that, upon returning to work, employees must be reinstated to their prior position. According to the U.S. Department of Labor, it also offers workers protection from retaliation for taking such leave.
In general, workers must meet certain requirements to be eligible for leave under the FMLA. To qualify, employees must have worked for a covered employer for at least 12 months and have 1,250 hours of service in the 12 months prior to their request for leave.
Employees may only request leave under the FMLA for certain reasons. These reasons include the following:
- To care for a child, spouse or parent who is suffering from a serious health condition
- To care for a child after birth, adoption or placement for foster care
- For a serious health condition, which renders the employee unable to perform their job duties
- For incapacity as a result of prenatal medical care, pregnancy or childbirth
Additionally, employees may be eligible to take leave under the FMLA in order to handle qualifying exigencies that arise as a result of a child, spouse or parent’s military service. They may also be entitled to additional leave in order to care for a family member who has been injured while on active duty military service.
To learn more about your employee rights, visit our FMLA page.