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Am I eligible for leave from my job?

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There are times in life where it is necessary to leave work for awhile to attend to personal, family or health-related matters.

Under the Family and Medical Leave Act (FMLA), eligible workers can take up to 12 weeks of time off per year to attend to specific family and medical reasons.

When Can I Take FMLA?

Eligible employees can take FMLA leave for the following reasons:

  • A serious injury or illness that makes the employee unable to do his or her job
  • The birth of a child
  • Caring for a child during his or her first year of life
  • Caring for an adoptive or foster child within one year of placement
  • Placement of a child in adoptive or foster care
  • Caring for a spouse, child or parent with a medical condition

An eligible employee can take FMLA if his or her spouse, child or parent is a covered military member and meets any of the above qualifications. An employee can also take up to 26 weeks of leave to take care of an injured or ill spouse, child or parent who is a covered servicemember.

Workers do not get paid while on FMLA. Workers cannot be fired for taking FMLA. Health insurance must still be provided when a worker is on FMLA. A worker can take a period of 12 weeks off at a time under FMLA, or take “intermittent leave”, which usually involves taking a day or two off at a time, over time.

Problems With FMLA?

  • Did your employer fire you for taking FMLA?
  • Did your employer wrongfully deny FMLA?
  • Did your employer refuse to give you your job back after taking FMLA?
  • Were you demoted or retaliated against for taking FMLA?

If you have encountered any problems after taking leave, you should learn about your legal protections. Bononi Law Group, LLP, offers a free consultation to discuss the details of your case. Please call our Pasadena office at 213-550-5503.

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