Can I lose my job if my FMLA is denied?

The law allows employees wrongfully denied FMLA leave to file suit and if successful, recover damages for losses or harm suffered as a result. If the sole reason for the adverse employment action is that you exercised your rights under the FMLA, you may have a viable retaliation claim.

How long is an employer required to hold your job?

That equates to about 156 days. Employers are only mandated to follow the FMLA if the company has 50 or more employees. Employers may also ask for verification, at which time, employees must produce it within 15 calendar days.

How does FMLA work for employers?

A private-sector employer is covered by the FMLA if it employs 50 or more employees* in 20 or more workweeks in the current or previous calendar year. An employee is considered to be employed each working day of the calendar week if the employee works any part of the week. The workweeks do not have to be consecutive.

How many hours do you have to work for FMLA?

Employees are eligible for FMLA leave if all of the following apply: They’ve worked for their employer at least 12 months. They’ve worked at least 1,250 hours over the past 12 months, or about 25 hours per week. They work at a location where the company employs 50 or more employees within 75 miles.

How long do I have to return to work after FMLA?

Choosing when to return to work after maternity leave requires thought and financial planning before making a final decision. FMLA allows 12 weeks maternity leave, after which time you will have to make a final decision about when or if to return to work.

Do you get paid for FMLA?

Although the FMLA requires only that employers make leave available to qualifying employees on an unpaid basis, in some instances employees may be able to get paid while on leave. Employees considering using FMLA to obtain time off should review their employer’s policy with regards to compensation and sick time.

Do employers have to provide FMLA?

Generally, only businesses and organizations with more than 50 employees are required to provide FMLA leave. Additionally, an employee must have worked for her or his employer for at least 12 months in order to be eligible. Some types of workers must meet special requirements to qualify for FMLA leave.