Life is full of unpredictable events, such as diseases and accidents. Sometimes, family emergencies make it hard for an employee to work for a longer time. If you are in this type of situation, you might wonder what your rights are and what you should expect in case of job protection and extended leave.
Employers generally offer to leave in case of the employee’s illness, but what if your close family member has health issues? You can contact an Austin employment discrimination attorney in such a case.
Things to know if you want to take FMLA leave
Leave for up to 12 weeks–but the leave is unpaid.
This law states that employers can grant their workers time off to care for themselves or their families; people sometimes assume that the leave will be paid–but it is not. Workers can take 12 weeks of leave per year to help out an ailing relative but will not be able to collect the paycheck while taking a break.
You may get paid FMLA leave.
You might be able to take paid leave on FMLA leave. Although FMLA leave is unpaid, sometimes, under certain specific circumstances, it is possible to take paid leave that you have accrued on the job. Leaves like vacation days and sick days are considered paid leave. There are no such legal requirements for an employer to offer such paid leave. Some employers may ask to use any paid leave before taking any leave under the FMLA.
You can take FMLA leave under certain circumstances.
You may feel like taking leave under FMLA for any type of family health issue; the leave will be granted only for specific reasons. There are three designated possibilities under which FMLA leave is granted.
- To take care of a family member having a serious health condition
- Specific reasons like military deployments or taking care of a covered service member.
- Birth of a newborn baby or taking time to bond with the infant.
Not every employee is covered under FMLA leave.
If you are a public employee, the law guarantees you to take care of a family member for any serious health issue for upto six months.
One can use this leave for parental leave if they have a newborn baby or adopt one in the family. One can also use this leave to take care of a family member who has a severe health issue or undergoing surgery or had an accident, or otherwise need time for yourself to recover.
FMLA applies to companies with more than 50 employees for upto 20weeks in a year. If your company does not have FMLA, you might still negotiate with your employer by explaining the circumstances.