Employees’ rights to medical leave

Employees’ rights to medical leave

On Behalf of | Nov 2, 2021 | workman's comp |

Legal protections for workers who need to take leave from work due to medical reasons serve public policy interests. They safeguard workers against wrongful termination, and they make it possible for people to seek the treatment that they need in order to resume working.

In Florida, employers do not have to pay employees for absences that are within the scope of the Family and Medical Leave Act. However, they must permit employees to take unpaid leave when necessary without the risk of losing their employment.

Eligibility

The FMLA applies to individuals who have been working for an employer with at least fifty employees for a minimum of one year. They must have also worked a minimum threshold number of hours in order to be eligible for leave.

Approval for leave

A person may take leave for almost any type of serious health condition which necessitates treatment. In general, the condition or its treatment must be serious enough so as to prevent someone from fulfilling his or her job duties. Employers cannot deny leave because they believe that an employee is misrepresenting his or her condition.

Duration of leave

The maximum amount of leave that a person may receive under the FMLA is 12 weeks. If a person needs additional leave from work to treat a disabling condition, it may be possible to request a reasonable accommodation.

Ultimately, employers must comply with all of the responsibilities which the FMLA mandates. Noncompliance in the form of refusing leave or taking retaliatory action against an employee could subject employers to considerable liability.