Am I Eligible for FMLA Leave? Here’s What You Should Know By Chanfrau & Chanfrau on June 08, 2023

Stressed out woman with her face in her hands at workThanks to the Family and Medical Leave Act (FMLA), families throughout Daytona Beach and Palm Coast, FL, are able to address pressing household needs without the threat of termination. The FMLA grants up to 12 weeks (and in one case up to 26 weeks) leave for the following situations:

  1. The Birth of a Child
  2. The Placement of an Adopted or Foster Child
  3. Caring for a Family Member With a Serious Health Condition
  4. Recovering from Your Own Serious Health Condition
  5. Military Deployment of a Family Member
  6. Military Caregiver Leave

As an attorney familiar with FMLA eligibility, I’d like to walk you through the basics of the FMLA and what each scenario involves. Ultimately, you qualify for leave through the FMLA if any of the six situations apply to your household.

The Basics of the Family and Medical Leave Act

The FMLA allows eligible employees to take extended unpaid leave from their job during a one-year period without the threat of termination, retaliation, or other negative repercussions. This unpaid leave allows the employee to address medical emergencies or family bonding matters.

1. The Birth of a Child

The FMLA allows up to 12 weeks of unpaid leave for an employee to bond with their newborn child as long as this time is taken within the first year of the child’s birth.

2. The Placement of an Adopted or Foster Child

The FMLA allows up to 12 weeks of unpaid leave for an employee to bond with a new foster child or adopted child as long as this time is taken within the first year of placement.

3. Caring for a Family Member with a Serious Health Condition

The FMLA allows up to 12 weeks of unpaid leave for an employee to care for a child, parent, or spouse who is living with a serious health or medical condition.

The term “serious health conditions” refers to illnesses, impairments, injuries, or conditions that require hospitalization, hospice care, or ongoing treatment by a health professional.

4. Recovering from Your Own Serious Health Condition

The FMLA allows up to 12 weeks of unpaid leave for an employee to recover from a serious health condition if this condition affects their ability to perform their key duties at work.

5. Military Deployment of a Family Member

The FMLA allows up to 12 weeks of qualifying exigency leave for an employee whose spouse, parent, or child is a deployed member of the armed forces or National Guard Reserves.

Qualifying exigency leave covers the arrangement of child care for a deployed family member, making financial or legal arrangements while the family member is deployed, or attendance of military ceremonies.

6. Military Caregiver Leave

In addition to the above, the FMLA allows up to 26 weeks of unpaid leave for an employee who is caring for a family member in the armed forces who suffered a serious injury or illness.

Were You Denied Leave from Work?

Did any of the above scenarios describe your situation? Did your employer still deny your time off despite your eligibility?

If so, you may have a legal claim against your employer.

If you live in Daytona Beach, Palm Coast, or any surrounding communities, it’s crucial that you speak with a legal representative from our law firm. In addition to representation for accident and injury victims, our lawyers can also help with all kinds of employment law disputes, including FMLA issues.

Discuss Your Case With Our Attorneys

If you have been denied leave from work despite circumstances covered by the FMLA, contact our law offices in Daytona Beach and Palm Coast today. We can review your situation and help you understand the next steps you can take to hold your employer accountable.

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Attorneys at Chanfrau & Chanfrau

Chanfrau & Chanfrau

Chanfrau & Chanfrau has been serving Floridians in Daytona Beach and the surrounding areas since 1976. With three attorneys and two locations, we have the resources to help you after an accident or injury. We are proud of our many achievements, including inclusion in:

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For more information about our legal services, contact our firm online or call (386) 258-7313 today.

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