The Family and Medical Leave Act allows workers to return to their jobs following an illness. The FMLA also protects employees who care for family members as they deal with sickness.
Employers who fire ailing individuals under FMLA protection are, in most instances, committing a legal violation. A lawsuit is in order if you experience an unjust termination. Know as much as possible about the FMLA before taking legal action.
Employers can be exempt
Only companies that have 50 or more employees need to follow this law. Smaller companies have more freedom to let go of workers as they see fit. That said, there might be state laws of a similar nature that they must follow.
Employers need notification
When situations are foreseeable, bosses must get a warning that a worker will be absent. Notification should arrive within a day after the need to take time off becomes known. Rules vary by employer and state.
Employers have no obligation to pay nonworking employees
The FMLA does not make companies pay absent workers. For these individuals, sick time is there to help them get through the rough times.
Employers have a right to ask for evidence
Companies might wish to see proof that time off is necessary. Health care providers can give patients official certification. Such requests should be complete within 15 days. Missing the deadline could make firing someone legally permissible.
The FMLA protects individuals during an illness. That said, there are rules surrounding the FMLA that employees should learn. Find out what they are before medical challenges impede the ability to stay on the job.