FMLA what does it mean? The family medical leave law assists those seeking rehab and medical treatments to overcome behavioral disorders and addiction. It’s a great way to ensure security to keep your job when you’re away, and focused on becoming sober.
The Family and Medical Leave Act (FMLA) gives employees with the right to take twelve weeks of unpaid leave a year. It also requires that group health benefits to be preserved when employees are on leave, just as if employees continued to work despite taking leave. Employees are also entitled to return to their previous or a similar job at the conclusion duration of the FMLA leave. Also, the law provides specific rights to military families. For instance, eligible employees can take FMLA leave for specific reasons associated with the usual deployments of their families members. In addition, they can have up to 26 week of unpaid leave within a 12 month period to take care of a covered service member with an illness or injury that is grave.
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Essentially, the FMLA entitles eligible employees of covered employers to be granted unpaid, job-protected time off for specific medical or family reasons, as well as to keep group health insurance coverage under the same conditions and terms as if an employee had not taken leave.
Covered Employers
The FMLA only applies to employers that satisfy certain criteria. A covered employer is a:
- Private-Sector Employer: With at least 50 employees who work 20 or more working weeks during the preceding calendar year, which includes the joint employer, successor or in interest to a covered employer
- Public AgencyIncluding a local, state, or Federal government agency, regardless of the number of employees it has
- Public or Private Elementary or Secondary school:Regardless of the number of employees employed by the school.
Eligible Employees
Only employees who are eligible have the right to leave. An eligible employee is one who
- Works for a covered employer;
- Employer for at minimum 12 months;
- Has at least 1,250 hours of employment with the employer during the 12 months preceding the date of the leave *; and
- Works at a location that has at least fifty employees in a radius of 75 miles.
The 12 months of employment don’t require been consecutive. This means that any time you have previously employed by the same employer (including the seasonal hours) can, in the majority of circumstances, be used in order to meet the requirement of 12 months. But, if the employee is on a break from service that lasted seven years or more, then the time worked before the break will not be counted unless the break is related to a service that is covered under the Uniformed Services Employment and Reemployment Rights Act (USERRA), or there’s a written contract, for example a collective bargaining agreement, outlining the employer’s intention to reinstate the employee following the break-in.
