Family Medical Leave Act

questions & answers

Question: I just started my job 3 months ago and dont have any sick time hours i just became a fulltimer they offered me 12 weeks uunpaid is there anyway i can get paid within those weeks

Answer: The FMLA act states:  The FMLA does not protect all employees. Instead, it protects only covered employees. To be covered by the FMLA, you have to meet all of the three following requirements:

•You work for a company that has 50 or more employees within 75 miles of your workplace; and,
•You worked for your employer for at least one year before taking the FMLA leave; and
•You worked at least 1,250 hours in that year (about 25 hours per week) (29 U.S.C. 2611(2)).

If you are a "covered employee" under the FMLA, you can take up to 12 weeks of unpaid leave in any 12 month period for the following three reasons:

•To recover from your own serious health condition that prevents you from performing the functions of your job.
•To care for a child, spouse, or parent with a serious health condition;
•    To give birth or adopt a child. Both mothers and fathers can take leave for the birth, adoption, and care of a new child (29 U.S.C. 2612(a)(1))

For the full text of the Department of Labor article, visit: http://www.dol.gov/odep/pubs/fact/employ.htm
For more information about the FMLA in Arizona, visit: http://www.azlawhelp.org/articles_info.cfm?mc=2&sc=13&articleid=48

If you have no paid sick leave and will be using FMLA, you would need to speak with your HR dept.

QUESTIONS

  • I just started my job 3 months ago and dont have any sick time hours i just became a fulltimer they offered me 12 weeks uunpaid is there anyway i can get paid within those weeks

STORIES

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