The Family and Medical Leave Act (FMLA) was enacted so that employees could take leave for specific medical or family reasons, such as focusing on their health and recovery, caring for a family member with a serious health condition, and welcoming a child without worrying that their job will be affected. The FMLA provides employees with job security during life’s important and sometimes unexpected events. Every year, eligible workers can take up to 12 weeks of unpaid FMLA leave without worrying that their employers will retaliate against them. If an employer retaliates against an employee for taking their FMLA leave, the employee has legal options. This not only includes firing an employee but also other actions, including demoting an employee, denying them a promotion, or writing up the employee for missing work. Additionally, any health insurance coverage the worker already utilized must continue during their FMLA leave. If you are wondering whether you are covered under the Family and Medical Leave Act, this article is for you. Read on!
Who is Covered Under the FMLA?
The FMLA provides critical protections, but this federal law does not cover all employees. To be covered under the FMLA, you must meet the following requirements;
1. Employer Size or Type Requirement
First, there is an employer size or type requirement that must be met for an employee to be eligible for FMLA. Employees who work for employers with 50 or more employees and those who work for public agencies and public or private elementary and secondary schools are covered under the FMLA. Your employer’s employees must be within a 75-mile radius of your job site.
2. Employment Tenure Requirement
If FMLA rules cover your employer, do not celebrate just yet because there are more criteria that you must meet to qualify for FMLA leave. In addition to working for a covered employer, you must have worked for that employer for at least twelve months to be covered under FMLA. However, those 12 months of employment don’t need to be consecutive. If you have had a break, you might still qualify for FMLA leave.
3. Hours Worked Requirement
Additionally, in the 12 months leading up to your leave, you should have logged not less than 1,250 hours of work for your employer. Calculating the hours worked in the last 12 months can be challenging for some employees, so it is crucial to calculate these hours carefully.
States have different eligibility rules for their family and medical leave programs. An employment lawyer can help you determine if your state has a program. If it does, they can help you understand its eligibility rules. In New Jersey, for example, the Family Leave Act (NJFLA) mandates employers with at least 30 employees worldwide to allow employees to take up to 12 weeks of leave in a 24-month period. Under the NJFLA, employees are covered if they have worked at least 1,000 hours in the 12 months prior to the start of their leave. However, under the NJFLA, an employee can only take leave to care for a family member.
Contact the Trabosh Law Firm
If you have questions or if your FMLA or NJFLA rights have been violated, contact our skilled New Jersey employment lawyer at The Trabosh Law Firm.