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What are my options if my employer has denied my request for Family Medical Leave?

What are my options if my employer has denied my request for Family Medical Leave?

Q: What excuses can you use FMLA for?

Under the Family Medical Leave Act (FMLA), you can take leave for specific reasons, including caring for a newborn, adopting a child, or dealing with a serious health condition affecting yourself or a spouse, child, or parent. Unfortunately, caring for a grandparent does not qualify under FMLA provisions.

Q: What is the 50 75 rule for FMLA?

The 50-75 rule for the Family Medical Leave Act (FMLA) specifies that an employer must have at least 50 employees within a 75-mile radius of the worksite for FMLA regulations to apply. This ensures that employees working in larger organizations have access to job-protected leave for qualifying family and medical reasons.

Q: What is the maximum allowed FMLA?

The maximum allowed Family Medical Leave Act (FMLA) leave is 12 weeks of unpaid leave within a 12-month period for eligible employees. In certain circumstances, such as military caregiver leave, employees may be entitled to up to 26 weeks of leave. It's important to check specific eligibility and conditions that apply.

Full question:

I have been employed at a hospital with more than 50 employees within a 75 mile radius. I recently applied for and was granted family medical leave for my 75 year old grandmother in Georgia, who had an emergency leg amputation. I am my grandmother's power of attorney and next of kin. She has no spouse nor living children. My employer now tells me that I cannot take family medical leave for my grandmother; is this in violation of the Family Medical Leave Act? What can I do if they terminate me on the grounds of my family medical leave?

Category: Employment
Date: 04/07/2025
State: New York

Answer:

This is probably because she may not meet the definition of an immediate relative as defined in the Family Medical Leave Act. Taking family leave time to care for an immediate relative might only include a spouse, child or parent. Check with this about the reason. They should provide a reason for the denial if the act applies to your employer.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What applies to employers with 50 or more employees?

Employers with 50 or more employees within a 75-mile radius are required to comply with the Family Medical Leave Act (FMLA). This means they must provide eligible employees with up to 12 weeks of unpaid leave for specific family and medical reasons, including caring for a spouse, child, or parent with a serious health condition. Employers must also maintain the employee's health benefits during this leave.

What is the 75 mile rule for FMLA?

The 75-mile rule under the Family Medical Leave Act (FMLA) states that an employer must have 50 or more employees within a 75-mile radius of the worksite for FMLA eligibility. This means that if an employee's workplace is located within this geographic area and meets the employee count, the employer is subject to FMLA requirements.

What is the employer's responsibility for FMLA?

Employers are responsible for notifying employees of their rights under the Family Medical Leave Act (FMLA). They must provide eligible employees with up to 12 weeks of unpaid leave for qualifying reasons, maintain health benefits during the leave, and ensure job protection upon return. Employers must also keep accurate records regarding FMLA leave taken by employees.