Employment Law

How to Get Medical Leave from Work

Many companies offer their employees time off for medical appointments and illnesses. However, some situations may require extended leave from work. Under the Family and Medical Leave Act (FMLA), you have the right to take up to 12 weeks of leave for special situations.

Do you need time off but are scared to lose your job? In this post, we review your rights under FMLA and how to get medical leave from work.

An employment attorney Newark, NJ, can also answer any questions you have concerning your FMLA rights.

Your Rights Under the Family and Medical Leave Act

FMLA is designed to provide eligible employees with 12 weeks of unpaid leave every year. During this time, you should not face any threat of losing your job or health benefits. 

FMLA mostly applies where you or a close relative have a serious medical condition. Under it, you are entitled to:

  • A prompt determination of your eligibility (at least five days from your request)
  • Use your leave allotment intermittently.
  • Resume your position or a similar one after the leave
  • Maintain your health insurance benefits
  • Protection from employer interference with your rights
  • Protection from retaliation for taking your leave

How do you Get Medical Leave from Work?

Check If Your Employer Is Covered

In some states, some people are exempt from FMLA. This includes employers with less than 50 employees within 75 miles of the worksite. To determine whether your employer is covered under the law, check your employee handbook for details of an FLMA policy.

Determine if You Qualify for a Leave

Are you an eligible employee? For you to qualify for an FMLA leave, you need to have worked:

  • For your employer for at least 12 months – This does not necessarily mean 12 months in a row
  • At least 1,250 hours in the 12 months preceding your leave request

Additionally, to use your leave, you, your child, parent, or spouse should have a severe medical condition. This should be what necessitates your leave and could be one that:

  • Causes incapacitation for more than three consecutive days
  • Requires an overnight hospital stay
  • Requires ongoing care
  • Is chronic and causes recurring periods of incapacitation
  • Is pregnancy or pregnancy-related
  • Includes childbirth and child bonding time

Request Your Leave

give your employer advance notice if you intend to utilize your leave. If the treatment is planned before-hand, you are required to provide 30-day advance notice by law. On the other hand, if the event is unexpected, notify your employer as soon as possible.

Don’t ignore company policy. Make sure you call or write to your employer if you can’t make it to work. Request an FMLA leave and provide your employer with enough information.

Although you don’t need to mention FLMA, you could be penalized for not providing sufficient details for the employer to deduce your needs.

Keeping Your Employer Posted

Inform your employer of all developments, including early releases and your intent to go back to work.

 Talk to a Newark Employment Attorney Today

Learning how to get medical leave from work is not a guarantee that you will. At the Law Offices of Usmaan Sleemi, we represent many aggrieved employees who have been denied their FMLA rights.

If you suspect that your FMLA rights are being violated, contact us today.  Our expert employment attorneys will help you build a case and pursue a claim with the appropriate forum.