Who is considered an immediate "family member" for purposes of taking FMLA leave?
if working hard for that promotion or striving for better shifts wasn't
hard enough, what happens when the unexpected throws you off course?
Becoming extremely ill, being injured in an accident, being called to
duty overseas, or needing to care for a sick loved one, these are all
situations that have the potential to pop up unexpectedly in an
employee's career. Also, some employees join the workforce with a
disability and may need time off sporadically to maintain their health.
Generally, these occurrences are out of the employee's control but does
this mean that their career is over? Is an employer allowed to dismiss
an employee who needs time away from work when the unexpected strikes?
Does an employee have any rights when it comes to needing time off from
A Leave of Absence Lawyer
is the type of legal professional who specializes in answering the type
of questions that arise when an employee needs to take a leave of
absence, has already taken the leave, or is currently on leave. There
are federal and state statutes that regulate employee leaves, therefore
taking leave can be complex for the employee as well as the employer in
understanding what is permitted and prohibited by law. Unfortunately,
employers sometimes violate the rights that are given to employees by
one of these federal or state statues by demoting the employee,
removing the employee from the work schedule, or even firing the
employee. This can be frustrating for an employee and can also be
detrimental to their career and financial situation. If an employee
does find themselves in a situation where they have been treated
adversely by their employer because they took a leave of absence, a
Leave of Absence Lawyer may be able to represent the employee in legal
What is FMLA leave?
modern times, Congress took notice of the way in which family dynamics
were evolving in that more adults who had families were entering the
workforce. With this in mind, it was also noticeable how behind
employers were as their policies remained rigid and lacked compassion
for employees who may need to take a leave of absence. In order to
remedy this imbalance, the FMLA was enacted. FMLA stands for Family and
Medical Leave Act and is a federal act.
Family and Medical Leave Act was created to encourage adults to feel
confident in their pursuit to maintain a job while meeting the needs of
family life simultaneously. The FMLA provides rights and the parameters
of those rights such as the amount of leave an employee may take, what
situations call for a leave, information on military leave, medical
leave requirements, information on paid and unpaid leave, information on
re-entry, and how employee rights are enforced.
Keep in mind that in California, the California Family Rights Act (CFRA) is the state law that regulates leaves for employees.
Who is entitled to a leave of absence?
an employee is a start for whether or not an individual is eligible for
FMLA leave, but there are additional requirements. The employee must
have had their job at the company for no less than12 months from the
date of when the leave of absence began. In addition to the 12-month
minimum employment, the employee must also have logged a minimum of 1250
hours of work during those 12 months prior to the leave of absence
being taken. Lastly, in addition to this two requirements, the employee
must prove that they meet what is known as the 50/75 standard. This
means that the employee must show that there was a minimum of 50
employees within a 75-mile radius of the job site where the particular
employee was working before they took their leave.
case is unique and requires a critical analysis of the facts, therefore
it is beneficial to contact a Leave of Absence Lawyer who has
experience in leave of absence cases. It is always best to obtain a free
consultation rather than deciding on your own that you do or do not
have a case.
Who is Considered an Immediate "family member"?
taking a leave of absence to care for an ill family member, an employee
must know that a protected leave does not cover all family members. A
protected leave to care for a family member extends to a parent, child,
or spouse. It does not extend to siblings. Also, in some cases, it may
extend to an employee who is the legal guardian of the individual who is
in need of their care.
What reasons are considered valid for taking a leave?
employee's leave may be protected by the law if the employee suffers
from a severe illness or health condition, or a spouse, parent, or child
suffered from a severe illness or health condition. Another reason that
provides a protected leave would be for the birth of a child and or to
take care of the child after birth. Also, if an employee adopts a child
or takes in a foster child, the initial placement of the child in that
employee's care is protected if the employees need time off for this
If an employee's spouse is in the armed forces currently
serving in operational work and an emergency arises out of being on
active duty, an employee may have a protected leave. Lastly, an employee
may take a protected leave to care for an injured member of the armed
forces or veteran, or to care for them while they are in the process of
employee in California, it is imperative to know your rights in the
workplace. Taking a leave of absence can be disruptive but it should not
cost an employee their job or career based simply on taking the leave.
While FMLA remains in place to protect employees, employers today still
attempt to violate these rights, therefore the need for Leave of Absence
Lawyer remains. If you took a leave of absence and lost your job
shortly after or perhaps you were fired upon submitting a request for a leave of absence, you may have a claim against your employer.