What is FMLA? FAQs | Mann & Elias
Skip links

What is FMLA? FAQs


If you or a family member become ill, one of the biggest worries is being off from work for an extended period of time. In some situations in years past, this would place an employee’s job in jeopardy. However, thanks to the Family Medical Leave Act, better known as FMLA, job protection is a reality. Allowing eligible employees up to 12 weeks of unpaid leave annually without fear of job loss, this law requires employers who are covered by it to maintain existing health benefits for workers on leave. Yet due to the many complexities involved with FMLA, it is possible questions and disputes may arise should you take time off from your job. If you need answers to FMLA questions, here are some crucial details and why it will be important to work with a Los Angeles employment lawyer from Mann & Elias.

As for employers that are bound by FMLA guidelines, this includes all local, state, and federal agencies as well as schools. Regarding private employers, FMLA must be followed by those that employ at least 50 workers for a minimum of 20 workweeks during the current or previous year. If you are involved in a dispute and have been denied family medical leave, do not hesitate to contact an attorney

Am I Eligible for FMLA?

As an employee, you are eligible for FMLA if you meet certain criteria. First, you must work for an employer that is bound by guidelines. Second, you must have worked for your employer for at least 12 months and have incurred a minimum of 1,250 work hours for your employer during that time. Finally, you must work in a location where at least 50 employees work, or be within a 75-mile radius of that location.

What Situations are Eligible for FMLA?

If you or a family member are involved in a health crisis, there are several situations that may qualify to be covered under FMLA. For example, if the employee cannot work due to a serious medical issue or needs to care for an immediate family member who is ill, these situations fall under FMLA coverage. Also, if you are an employee who is preparing to give birth to a child and needs to be home to provide care for your newborn, you could qualify. In addition, should you decide to adopt a child or have a child placed with you under foster care, you may be eligible. Finally, if the employee’s spouse, parent, or child is called to active military duty, FMLA can apply due to what is known as a “qualifying exigency.” Should your employer be disputing your ability to qualify for FMLA under any of these conditions, consult with a lawyer.

Will I Be Paid While on FMLA Leave?

Unfortunately, FMLA does not require employers to pay employees. However, you can request any paid leave time you have accrued prior to taking the job-protected leave. In some situations, employers may require their employees to use paid leave time during their FMLA leave, so long as the employee is given proper notification. If questions arise regarding your ability to be paid via leave time while attempting to use FMLA, contact a lawyer at Mann & Elias immediately.

Can an Employer Refuse to Grant My FMLA Leave Request?

So long as you are an eligible employee and your employer is covered by FMLA, your leave request cannot be denied by your employer. Should you face such a situation, do not accept this. Instead, turn to an attorney that is well-versed in family medical leave cases.

If I Complain about an FMLA Violation, Can I be Fired?

Absolutely not. Whenever there is an allegation of an FMLA violation, employers are in no way allowed to retaliate against employees making the allegations. If you have filed a complaint of this nature and believe you are being retaliated against by your employer, hire the services of a lawyer to ensure your legal rights are protected.

Will I Lose My Job if I Take FMLA Leave?

Probably not, though there are exceptions. While employers cannot violate any rights granted under the act, they also cannot use an employee being out on FMLA leave as a negative factor when doing performance reviews or making hiring or firing decisions, they may be allowed to deny reinstatement to highly-paid salaried workers who are considered to work in “key” positions.

If you have been denied family medical leave and feel your rights have been violated, schedule a consultation today with a sick leave lawyer in Los Angeles at Mann & Elias.


    This website uses cookies to improve your web experience.
    Call| Text |