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Commonly asked questions about Family and Medical Leave Act

On Behalf of | Sep 21, 2018 | Workers' Compensation

The Family and Medical Leave Act (FMLA) is a law that protects employees in Louisiana and across the country. The law prevents employers from replacing employees who take leave for the birth or adoption of a child, caring for an immediate family member who is ill or taking time to recover from an injury or illness themselves. Let’s answer some commonly asked questions about FMLA in today’s post.

What does the FMLA offer? Eligible employees can take unpaid leave for no more than 12 weeks in a year under FMLA. It also protects the employee’s health benefits, which must be continued by the employer while the employee is on leave.

Which businesses must comply with the FMLA? Any company that employs 50 or more people for no less than 20 work weeks in the year must comply with the FMLA. School districts, state governments, local governments and federal governments must also be in compliance.

Who is eligible to take FMLA leave? Any employee who has worked 1,250 hours for their employer in the 12 months before the requested leave is eligible for the leave if their employer is required to comply. These hours only count time worked on the job, not paid time off, sick time or comp days.

Is the employer required to hold my job? If you take FMLA leave, your employer must offer you the same or a comparable job upon your return to work.

The FMLA has a lot of different parts to it that should be made clear to you prior to taking leave from your job. Even though your job is protected you should still do your best to understand what the FMLA covers in Louisiana so there are no surprises.