There are 10 states that operate paid family and medical leave programs as of 2025. These states give a range of benefits to eligible workers and provide shorter leave periods than the federal FMLA. The Family and Medical Leave Act (FMLA) gives eligible employees the right to take unpaid, job-protected leave for certain family or medical reasons.
A serious illness, a new baby, or caring for a sick family member are some important matters that need your attention. The Family and Medical Leave Act exists to allow workers to attend to these important concerns. Unfortunately, you might encounter some challenges when applying for medical leave. You might be denied leave, pressured to return early, or even face trouble at work after using FMLA.
According to Shirazi Law Firm P.C., employers who terminate employees for needing additional medical leave, even if it’s for over a year total, are in violation of the law.
This guide explains FMLA, your rights as a worker, and how a lawyer can help you assert what you are entitled to.
Understanding the Family and Medical Leave Act (FMLA)
The FMLA law permits workers to take certain medical and family-related leaves without facing termination from their employer.
An employee can take up to 12 weeks of unpaid leave for childbirth, family illness, or significant illness. FMLA guarantees you a return to your original or an equal position.
You can make the best decisions for your family if you know your FMLA rights.
Eligibility Requirements for FMLA Leave
Some requirements about your status need to be met to be covered by the law concerning FMLA leave.
A company eligible for FMLA must have at least 50 employees. State agencies or a public or private elementary or secondary school are covered by the FMLA regardless of the number of their employees.
You have to have worked 1,250 hours in the past 12 months. The person must work for the company for a total of one year, which can be split up.
Your worksite should have at least 50 employees within 75 miles. Upon meeting all these criteria, the eligible person is entitled to 12 weeks of unpaid leave for legitimate reasons, affording them some protection in critical times.
Types of Leave Covered Under FMLA
The FMLA covers various situations that potentially come up in life. You can always take leave after you or your wife gives birth. The grounds for taking leave include caring for a newborn or placing a child for adoption or into foster care.
The FMLA makes it possible for people who are seriously ill and can’t do their job to take time off. One more kind of leave is to take care of a parent, child, or partner who is very sick.
Any other qualifying exigency arising from the military service of a family member can be another reason for leave.
These situations can influence whether or not you need to apply for leave under the FMLA.
Common Mistakes to Avoid When Applying for FMLA
There are numerous common mistakes and acts that can potentially jeopardize your FMLA request.
Avoid sending the notice to the employer at the last moment. Instead, provide as much advance notice as possible. You need to fill in all parts of the application form correctly and accurately. Approval may be delayed when the information you submit is incomplete.
Check out your company’s policies and procedures about FMLA. You may need to complete certain forms of paperwork or adhere to specific guidelines. Submit whatever verification documents are necessary, such as a medical certificate.
Never assume that your request will receive automatic approval. Maintain contact with HR throughout the process.
When to Seek Legal Assistance for FMLA Issues
Are you having some doubts about your rights under the FMLA? Or are you facing difficulties in getting your request for leave sanctioned? These are some of the instances where you need to consult a lawyer to address possible issues with your FMLA application.
When your leave is denied, or once retaliations ensue against you for having asked for leave, the very moment that your rights are denied, you should immediately seek an attorney who will advise you on your legal remedies and keep your rights protected.
If you think the paperwork and its procedures are too much, you should hire a lawyer who specializes in this type of case. They will guide you through the complaint procedure and do the paperwork on your behalf. If necessary, they are prepared to represent you in court.
