An employer who employs 50+ employees in a 75-mile radius, may be required to provide unpaid Family and Medical Leave (“FMLA”) to employees who can demonstrate a “serious health condition” and who have worked more than 1250 hours in the preceding 12-months.
FMLA extends for a period of 12-work weeks.
Conditions requiring FMLA include a birth of a child and the employee’s need to care for a close family member (child, spouse, parent, brother or sister, grandchild, grandparent) who has a serious health condition.
When possible, the employer is entitled to a 30-day advance notice of the FMLA requested to be taken and when requested, the employee must provide appropriate documentation.
Frequently Asked Questions:
1. What is a serious health condition?
ANSWER: A serious health condition is any period of incapacity or treatment in connection with inpatient care. An incapacity resulting in the requirement of an absence from work for more than three (3) calendar days or continued treatment by healthcare professional with multiple visits.
2. My employer failed to provide FMLA leave during my serious health condition, what are my rights?
ANSWER: A worker who can prove a violation of FMLA can institute a court action in either Kentucky or Federal court. If successful, the worker may recover lost wages and attorneys’ fees and may also seek an order reinstating the lost employment.