Employees Who May be Qualified for FMLA Leave

The Family Medical Leave Act (FMLA) gives some employees the right to take 12 weeks of unpaid leave when they or a family has a serious medical condition. Minor aches and pains like headaches and colds don’t qualify. FMLA is meant to offer time off only for more serious ailments. Employees who are not sure if their conditions qualify should see an experienced Morristown employment lawyer for clarification. The following employees may qualify for FMLA leave:

Pregnant Women

Pregnant employees can take time off under FMLA for their pregnancy and related medical conditions. Their regular prenatal visits to a healthcare professional qualify under the Act.

Employees Incapacitated for at Least Three Days

An incapacitated person can’t do their regular duties like going to work. For an employee’s condition to qualify under FMLA, their incapacitation should continue for at least three days. Also, the person should require continuing treatment from a health care professional.  The patient’s first course of treatment should take place within 7 days of their incapacitation.

Employees Who Require Inpatient Care

Employees can take job-protected if they have a condition that requires an overnight stay at a hospital, hospice, or residential medical facility. They are entitled to FMLA leave for the time they spent getting inpatient care and for any period of subsequent treatment or incapacity associated with this inpatient care.

Employees with Chronic Health Conditions

The FMLA also covers some ongoing treatments that require occasional time off, but the employee is not always incapacitated or being checked by a health care professional. Conditions such as diabetes, asthma, or epilepsy qualify in this category.

Employees with Permanent or Long-Term Incapacity

An employee who is permanently incapacitated or incapacitated for a long time because of a serious health condition may qualify for FMLA leave. But, this is only possible when they are being regularly supervised by a health care provider. Conditions that qualify for FMLA leave include cancer and Alzheimer’s disease.

Employees Who Require Multiple Treatments

Employees who need to get multiple treatments for their chronic condition may qualify for FMLA leave. But, these treatments should be for restorative surgery following an injury or accident or a condition that would require the patient to miss work for more than three days if not treated.

Sometimes, small businesses that have limited resources get confused about their legal obligations to offer certain kinds of unpaid leave to their employees. However, if you think your employer has intentionally denied your rightful leave, it is a good idea to meet with an employment lawyer. 

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