Serving Clients In Carver County And Throughout The Greater Minneapolis – Saint Paul Region

Are you eligible for a leave of absence?

On Behalf of | Jan 18, 2017 | Employee Rights |

Industrial and manufacturing employees in Minnesotaare no different than workers in other industries. They have families and lives outside of their places of employment that may occasionally require them to take time off. To better understand your rights as an employee, you should learn more about the stipulations that can affect your eligibility for a leave of absence.

What is FMLA?

The Family and Medical Leave Act (FMLA) was designed to protect workers so they can take time off to care for themselves or family members. Common reasons you may file for a leave of absence under FMLA include caring for a seriously ill or injured family member; the birth, care or adoption of a new child; and personal injury or illness. For example, if your spouse was severely injured in a car accident, you will need time off to see to her or his recovery. Your employer only allows you to miss three consecutive days of work before you are subject to disciplinary action leading up to termination. To avoid putting your employment in jeopardy, you should file for a leave of absence.

FMLA prevents your employer from terminating you for certain reasons. However, once you return to work, they may offer you a position other than the one you previously held.

Eligibility criteria

There are stipulations in place that can affect your eligibility to use FMLA time. Not every employer must follow the FMLA. For the previous and current year, your employer should have maintained at least 50 workers. You must live within a 75-mile radius of your job, and that location should staff at least 50 people. Your length of employment is no less than one year, and you have worked a minimum of 1,250 hours during that time.

For qualifying situations, eligible workers are allowed to take up to 12 weeks of unpaid time off within a 12-month period. Once the 12weeks are up, workers can reapply to take another leave of absence. This benefit is available every year to eligible workers. As long as they meet the criteria for FMLA, their employers must approve their requests.

Sometimes life happens and it becomes necessary for you to take a leave of absence. If you are encountering difficulties with your employer approving your request for time off or your return to work, you should discuss your situation with an employment law attorney so you can receive professional guidance on the matter.



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