I have worked for my employer for more than a year, but my time was not consecutive. Am I entitled to FMLA leave?
To be eligible for FMLA leave, you must have worked for your employer for at least 12 months. You do not need to have worked for 12 months consecutively, so long as you have worked at least 1,250 hours during the 12 months before the start of your leave.
How much notice do I have to give before taking leave?
It depends on the type of leave. If you are pregnant, are planning to adopt a child, or are planning to undergo surgery, you must give at least 30 days’ notice. If that is not possible, you must give notice as soon as possible. Your employer must decide whether your leave qualifies as FMLA leave within five business days.
Does my employer have to pay me for time I take off work to take care of a family member with a serious health condition?
No. Your employer simply must allow you to take time off from work. The law does not require that time to be paid time off. However, you are entitled to continue to accrue benefits during your leave, and you may take advantage of paid time off that you have accrued, such as vacation.
Does my employer have to hold my job while I’m out on FMLA leave?
Yes, in most cases, your employer must hold your job, maintain your health benefits, and reinstate you to your position when you return from leave.
I am being considered for foster care placement. Am I protected by the FMLA?
Yes, you can take FMLA leave for the adoption or placement of a foster child, not just for the birth of a child.