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Ray
Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 36966
Experience:  30 years in Employment law
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What is FMLA for? How does it protect your job/

Customer Question

What is FMLA for? How does it protect your job/
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ray replied 1 year ago.

Hi and welcome to JA. I am Ray and will be the expert helping you today.

The FMLA allows covered employees to take as much as 12 weeks of leave in every 12-month period, in order to handle important matters like personal or family medical problems, pregnancy, or adoption. The employee's leave under the FMLA is unpaid, but the employee continues to receive health-care benefits as if he or she were still actively employed.

When the leave period ends, the employer must usually reinstate the employee in the same job or to an "equivalent" position. An equivalent position is a job having the same or similar pay, hours, work performed, work conditions, job responsibilities, job security, etc. The FMLA also provides that employees who take leave cannot be discriminated against or discharged for doing so, and it allows employees who have been discriminated against to bring suit for their lost wages and other damages.

And here it does not have to be continuous, say you are undergoing medical treatments it can be sporadically as you need it.It is a status once you are approved you take leave when you require it.It also offers you protection against job performance during this time , say you have quotas, because you were out for varying periods.Many employees seek the protection here of the FMLA so as to avoid simply being an at will employee.

Overall it is a good thing to seek FMLA so you have time off for recouperation as well as treatment or therapy.The idea is to protect your job as long as you can.If you can take FMLA it is a good thing for job protection and to allow you the time you need to possibly recover and be able to reassume your job.It can be a god send if you have injury or health issues.It is truly a no loose deal, the time helps you, if you can work intermittently then it is extendable, if not at least you have the time period to recover.

They have to offer you an equivalent position here, not your exact job but equivalent pay and duties.I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again.

Expert:  Ray replied 1 year ago.

Reference

http://www.dol.gov/whd/fmla/employeeguide.pdf

I appreciate the chance to help you tonight.Please let me know if you have more follow up.Thanks again.I wish you the best here.

Expert:  Ray replied 1 year ago.
You want to contact your hr about FMLA to see if you qualify.They will need letter from your medical doctor to approve you here.This is better than loosing your job.You need to do this asap here to see if you can save your job.
Thanks again.I wish you the best.