FMLA requires covered employers to offer eligible employees up to 12 weeks of unpaid, job-secured leave for family and medical reasons. In addition, FMLA allows eligible employees to take up to 26 weeks of leave to care for a service member’s family.
Employee Qualification
Besides few specific limitations, an employee is eligible for a 12-week leave of absence with assured reintegration if the employee serves for an employer with 50 or more employees and if the employee:
- Has worked for the company for at minimum 12 month
- Has worked for at minimum 1,250 hours in the 12 months before the leave
- Is employed at a job site that is within 75 miles of a location where the employer hires 50 or more people
If an employee fits these criteria, they must be allowed a leave of absence for any of numerous reasons recognized by law. These include being impaired owing to a ‘severe health condition’ that makes the person unable to execute the fundamental responsibilities of their employment.
Other grounds for needing a leave of absence under the FMLA include the placement of a child for foster/adoption care, the birth of a child, and the severe health illness of the worker’s parent, kid, or partner. This section will explore more on the worker’s own severe medical condition as a reason for medical leave of absence.
Unfitness Due To Severe Health Problem
A severe health condition is described as inpatient care or continuous treatment or ongoing monitoring by a medical practitioner’ that decapitates the employee and prevents them from performing key job responsibilities.
The term “inpatient car” is self-explanatory; it refers to an overnight stay in a hospital or residential health clinic. The phrase continuing treatment or supervision is a little more complicated. It refers to a period of impairment that lasts more than three consecutive days and entails either:
- Care by a medical professional two or more times
- Care by a medical provider at least once and an ongoing treatment plan; for instance, prescription drug
Minor ailments such as upset stomachs, flu, colds, and common headaches are specifically exempted from these categories. Any complications that arise as a result of these disorders, on the other hand, may constitute a severe health condition. Furthermore, if a worker has a recurring ailment, any subsequent duration necessitating a leave for reasons linked to the illness, even if fewer than three days, is reimbursed.
What the Employer Might Demand
If a worker believes they are eligible for a leave of absence owing to a ‘severe medical condition,’ the worker should inform their employer as soon as possible, ideally in writing. The employer often might demand a medical certification from the worker’s doctor. And while the doctor is obligated to submit some details, the practitioner is not compelled or authorized to reveal the worker’s diagnosis (unless the worker provides written consent).
The employer must offer a worker’s leave of absence and notify the worker of this. But while an employee is eligible for up to twelve weeks of leave during a 12-month timeline, the firm should compute the 12-month period utilizing numerous techniques. Nonetheless, it should be computed by using a technique that workers most prefer.
What To Do Next?
If you believe your boss has breached the FMLA, you should counsel with an expert attorney. An attorney will assess your circumstances, uncover any legal issues with your employer’s treatment of you, and advise you on what to do next. Call (973)- 327- 7874 to discuss your case with one of the New Jersey employment law attorneys at Sleemi Law today.
