The Family and Medical Leave Act (FMLA) is a crucial piece of legislation that provides employees with job-protected leave for certain family and medical reasons. However, FMLA rights and requirements are common among both employees and employers. As an experienced FMLA attorney, I’ve encountered numerous myths and misconceptions surrounding this law.
FMLA applies to all employers
The most widespread misconception is that FMLA applies universally to all employers.
- Private-sector employers with 50 or employees in 20 or more workweeks in the current calendar year
- Public agencies, including local, state, and federal employers
- Public or private elementary or secondary schools
If you’re unsure about your employer’s FMLA status, consult with FMLA attorneys who help determine your eligibility.
All employees are eligible for FMLA leave
Every employee working for a covered employer is automatically eligible for FMLA leave.
- Worked for the employer for at least 12 months (not necessarily consecutive)
- Accumulated at least 1,250 hours of service during the 12 months immediately preceding the leave
- Work at a location where the employer has at least 50 employees 75 miles
It’s important to note that the 12 months of employment don’t have to be consecutive. If you have questions about your eligibility, an FMLA attorney reviews your specific situation.
FMLA leave is always unpaid
While FMLA does not require employers to provide paid leave, it doesn’t prohibit it either. In fact, many employers allow or require employees to use accrued paid leave with FMLA leave. Additionally, some states have laws that provide paid family and medical leave benefits—an FMLA attorney how your company’s policies and state laws intersect with FMLA requirements.
Employees can take FMLA leave for any reason
FMLA leave is only available for specific qualifying reasons, including:
- The birth, adoption, or foster placement of a child
- To care for a spouse, child, or parent with a serious health condition
- The employee’s serious health condition
- Certain qualifying difficulties arising from a family member’s military service
- To care for a covered servicemember with a serious injury or illness
“Serious health condition” has a specific legal definition under FMLA, and not all medical issues qualify. Consult an FMLA Attorney California if you’re unsure whether your situation meets the criteria.
Employers can’t deny FMLA leave
While eligible employees have the right to take FMLA leave for qualifying reasons, employers deny leave if the employee fails to provide sufficient notice or required documentation. Employers may also deny leave if they have a legitimate reason to believe the request is fraudulent. However, employers must have a valid basis for denial and interfere with an employee’s rights. If you believe your leave was wrongfully denied, an FMLA attorney will help protect your rights.
While FMLA is a federal law, it’s not the only one that governs employee leave rights. The American Disabilities Act (ADA), workers’ compensation laws, and various state and local leave laws may also apply to an employee’s situation. In many cases, these laws interact with FMLA, creating a complex web of obligations. An experienced FMLA attorney helps navigate these intersecting laws.
