Most employees and employers have heard of the Family and Medical Leave Act (FMLA) but most people don’t understand what it is or how it works. In summary, the FMLA provides certain employees with up to 12 weeks of unpaid, job-protected leave per year. What this means is that if an employee qualifies under the FMLA, they can be absent from their job with an assurance that their job will still be there for them when they return. Essentially, it is a limitation on the almost ever present “at will” law which says that an employer can terminate an employee’s employment at any time for any reason, so long as it is not for an illegal reason.
The FMLA was created to protect and help employees balance their health, work and family responsibilities. he FMLA allows employees to take unpaid leave for certain family and medical reasons.
The FMLA applies to all public agencies, all public and private elementary and secondary schools, and any employer with 50 or more employees at any time during a calendar year. All of these employers are required to provide an eligible employee with up to 12 weeks of unpaid leave each year for health related issues which according to the United States Department of Labor includes any of the following reasons:
- for the birth and care of the newborn child of an employee;
- for placement with the employee of a child for adoption or foster care;
- to care for an immediate family member (spouse, child, or parent) with a serious health condition; or
- to take medical leave when the employee is unable to work because of a serious health condition.
To be eligible, an employee must have worked for their employer at least 12 months, with at least 1,250 hours over the past 12 months, and work at a location where the company employs 50 or more employees within a 75 mile radius.
If you are an employee or an employer and you have questions about whether the FMLA is applicable to you, we can help. Call us toll free at 877-232-6101 or 208-232-6101 for a consultation with Lane Erickson and the Racine Olson team of Employment Law attorneys in Idaho. You can also email Lane Erickson directly at lve@racinelaw.net. We will answer your Idaho Employment Law questions and will help you solve your Idaho Employment Law problems.
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