The Family Medical Leave Act

The Family Medical Leave Act (FMLA) was enacted to help working individuals deal with the stress and difficulty of balancing work and family life when health problems arise. Under the FMLA, qualified employees can take up to 12 weeks per year of job-protected leave for the following reasons:

  • Needs to take care of a child, spouse, or parent who has a serious medical condition, which is considered to be an illness, injury, or condition, either physical or mental, that requires care in a medical center or ongoing medical care from a health provider.
  • Needs to take care of himself or herself due to developing a serious health problem.
  • Needs to care for a newborn child or a child that was recently placed under the employee’s care through adoption.

One common misconception is how FMLA time must be used. It does not have to be used all at once. The 12 weeks of FMLA leave may be taken intermittently, in increments of minutes, hours, days, or weeks. For example, if someone has a major surgery, he/she might require all 12 weeks to be used at once. If someone suffers from migraines, he/she might only have to use 2 days per month. If you believe you may need to request FMLA leave, you should promptly contact your employer and provide the necessary information.

Sadly, many employers fail to treat their employees properly when they apply for or take FMLA leave. For example, many employers discipline employees for missing time that should be covered under FMLA leave. From unfairly disciplining an employee, to firing him/her, our lawyers at the Hankey Law Office are prepared to help anyone in Indiana who has been mistreated by their employer regarding use of FMLA leave.