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FMLA: Using The Family And Medical Leave Act To Your Benefit

The Family and Medical Leave Act, or FMLA, guarantees employees up to 12 weeks of unpaid leave each year without the threat of losing their job. There are a number of reasons why you might need this time off. If your employer is giving you a difficult time, it is best to talk with an experienced attorney. McDonald & Kloth, LLC, has helped clients throughout Wisconsin and Illinois get the time off that they are entitled to under FMLA.

Determining If You Are Eligible

Only certain businesses are required to offer this extended time off. These include state, local and federal government agencies and private businesses that employ 50 or more employees for 20 or more weeks of a calendar year. This includes part-time as well as temporary employees. Most employers meet these requirements.

While your leave is unpaid, it may be combined with accrued paid leave such as vacation time or sick leaves. Some common reasons that people request time away from work include:

  • The birth or adoption of a child
  • To care for a spouse, parent or child
  • To handle their own health condition
  • Hospital stays, including treatment

To qualify for leave, you must have worked at your company for 12 months, or at least 1,250 hours over the 12 months preceding the need for your time off. Also, your work must be at a work site in the United States or a U.S. territory. If you meet these requirements, you can take time off.

Returning to Work

Once your extended time off is over, you are allowed to return to work. You are entitled to retain your former job with equivalent pay, benefits and other terms of employment. Your employer is legally required to allow you to return to work after the leave unless this would result in substantial harm to the company. If your employer refuses to do so, our attorneys can help you figure out the next steps.

Questions About Your FMLA Benefits? Call Today

Whether you are considering taking advantage of the benefits that FMLA offers or are having difficulty returning to work, we can help. Contact our office in Menomonee Falls at 262-252-9122 or fill out our contact form.