Who is Eligible?
If your employer has 50 or more employees within a 75 mile radius of your worksite, and you have been working full time (i.e., at least 1,250 hours) for the entire 12 months prior to the start of an FMLA leave, then you are eligible to go out on an FMLA leave.
What can an FMLA leave be used for?
You can use the FMLA to go out on a leave for your own serious health condition, to care for a close family member (i.e. employee's spouse, child, or parent) with a serious health condition or for the birth, adoption of foster care for a new child in your family.
What is a serious health condition?
Under the FMLA, a "serious health condition" means any illness, injury, impairment, or physical or mental condition that involves either inpatient care or continuing treatment by a health care provider.
How long does an FMLA leave last?
An eligible employee can receive up to 12 weeks of leave. But if the situation warrants it, your doctor can place you out on an intermittent leave which means your FMLA leave isn’t a single span of time, but consists of non-consecutive time periods.
When does your employer have to notify you of your right to an FMLA leave?
If the employer is made aware of the fact that the employee has a serious health condition, then the employer is obliged to provide notification of the FMLA and it is a violation of the FMLA to not so offer leave to the employee.
An employer is required to notify an employee of his/her FMLA eligibility if the employer is aware that they employee has a serious health condition causing the employee three consecutive full days of incapacity or has had treatment by a health care provider for two or more for a serious health condition.
What does the FMLA protect?
Your employer may not terminate you if you are on FMLA leave as long as you don't go over 12 weeks of FMLA leave per year.