If covered by the Family and Medical Leave Act (FMLA), an employee is entitled to twelve weeks of unpaid leave for any of the following reasons:
- serious health condition of a spouse, child or parent;
- employee’s own serious health condition; or
- birth, adoption or foster care of a child.
To be eligible for the FMLA, the employer must employ at least fifty (50) people, and the employee must have been employed by the employer for the past twelve months and worked at least 1,250 hours within the past twelve months.
It is legal for an employer to require that employees use up vacation/personal/sick time as part of the 12 weeks of leave. However, once the employee returns from leave, he or she must be returned to his or her prior position or an equivalent position.
It is illegal for your employer to interfere with your right to take FMLA leave, to force you to work during your leave, or to retaliate against you for taking FMLA leave.
If you have any questions about your right to medical leave in New York, New Jersey or Ohio, or the Family and Medical Leave Act in general, please contact us for a free initial consultation.