Have you suffered from an illness where you need to take time off of work? Or maybe you just had a baby and need some time to adjust. As an employee in Arizona, you should know your rights and what the employment law says about taking a medical leave of absence.
Family Medical Leave Act
The Family Medical Leave Act, also known as FMLA, is available in Arizona. This program allows for eligible employees to take unpaid and job-protected leave. Some states have other laws surrounding medical leave, however, Arizona is not one of those states. This means employees in Arizona only have rights to FMLA.
Who is Eligible
To be eligible for FMLA, your company must have at least 50 employees for at least 20 weeks in either the previous or current year. Employees that are eligible have worked for the company for at least one year and worked at least 1,250 hours during the previous year.
Eligible Reasons to Take a Leave of Absence
The following reasons are covered by FMLA.
– Recoup from serious health conditions
– Care for a family member with serious health conditions
– Bond with a new child
– Handle qualifying situations for a family member that is in the service
– Care for a family member that is in the service and has been injured
Length of Leave of Absence
The length of time off varies and depends on the circumstance. Employees are allowed up to 12 work weeks in a 12 month period for serious health conditions, bonding with a child or handling family member issues. This renews every 12 months. If you have suffered a personal injury or need to be a caregiver to a family member in the service, you are allowed up to 26 weeks in a 12 month period.
While on Leave
While on leave under FMLA, you will still receive health insurance. The time off is unpaid, but if you have PTO hours saved up, those can be applied. Once your leave is over, you are entitled to be reinstated to either the same or an equivalent position.
If you do need to take a medical leave of absence, you should inform your manager or human resource department right away. Obtain a copy of the FMLA policy and complete all necessary forms. Always speak with an attorney if you have any questions or concerns with your leave of absence. Hernandez Law has the employment law experience you need to provide sound legal advice and representation when needed.
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