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What are the protections under Family Medical Leave Act?

On Behalf of | May 10, 2022 | Employee Rights |

People need to be healthy in order to do their jobs in Minnesota, but there are situations when people suffer injuries or develop illnesses. Some of the injuries and illnesses people suffer do not keep them from working, but there are others that will force be to miss time. It could be only a day or two, but if the injury or illness is severe, it could prevent people from working for weeks.

As injuries and illnesses are part of life and often times occur through no fault of the victim, it is unfair that people may be penalized by losing their jobs over it. That is why many employees are covered by the Family Medical Leave Act (FMLA), which allows people to take medical leave and still retain their job when they are healthy enough to work again.

Rights of employees under FMLA

FMLA allows workers to take off up to 12 weeks every 12 months for health issues that prevent them from being able to work. Upon return to work, they must receive either their same job back or another position substantially similar to the one they had before the leave. This means that they have the same pay and same benefits they had before the leave. Employers also must maintain an employer sponsored health insurance plan for the employee while they are on leave.

In addition to illnesses and injuries suffered by employees, FMLA also allows workers to take leave to care for family members who are sick or injured as well as leave taken due to the deployment of a family member who is in the military. FMLA leave can also be used after the birth or adoption of a child.

FMLA provides very valuable protections for employees in Minnesota. Employees must provide the proper notice to their employers, but once notice is given, employers must respect the employees’ rights under FMLA. If they do not and take adverse action against the employees, the employees may be entitled to compensation for the damages. Experienced attorneys understand the importance of FMLA protections and may be able to ensure employees receive those protections.