When An Employer Won’t Allow Medical Leave


The Family and Medical Leave Act protects millions of Americans who need to take medical leave. A woman lost her mother, father, father-in-law, grandmother and husband of 34 years in just six short years. If it hadn’t been for the Family and Medical Leave Act, she would have lost her job with Federal Express and probably much of her emotional health. The woman says that she needed her job not only for financial support but to help her get out of bed every morning after much of her family had died.

She is not alone. About 50 million American workers have taken time off to care for family members or to take care of their serious health issues. The Family and Medical Leave Act became law in 1993 and has been making a huge impact on families and individuals everywhere since then. California has gone even further, becoming the first state in the country to institute a paid family leave program that allows for six weeks off work to care for a newborn, adopt a child or take care of an ill family member. Individuals can receive 55 percent of their wages while they are off work, up to $728 a week. Other states have followed suit.

Rules For Companies Under The Family And Medical Leave Act (FMLA)

The FMLA Requires Large And Medium-Size (50 People Or More) Companies To Give Employees 12 Unpaid Weeks Of Leave Under Certain Circumstances. These Are:

  • Pregnancy
  • Serious Illness
  • Having A Baby
  • Adopting A Baby
  • Serious Health Problems With A Child, Parent Or Spouse

In Order To Qualify, Employees Must Have Worked 1,250 Hours In The Previous Year. In Exchange, The Company Must Continue Health Insurance Coverage And Must Give The Employee Taking Leave The Same Or Equivalent Job Upon Their Return To Work. If Your Employer Will Not Allow Medical Leave, Contact A Los Angeles Labor Attorney In Order To Protect Your Rights And Your Job.

What To Do If A Company Will Not Allow Medical Leave

Companies That Fall Under The FMLA Are Required To Give Notice To Employees That Medical Leave Is Available To Them. If A Company Makes It Difficult To Take Leave, Employees Should Document Leave Requests (Preferably In Writing) And Their Employer’s Responses So That A Los Angeles Labor Lawyer Is Able To Have As Much Evidence As Possible When Fighting For The Rights That Are Afforded Employees Under The Law.

While A 30 Day Notice Should Be Given For A Foreseeable Issue That May Require Leave, If An Emergency Occurs, Leave Is Available As Well. Contact A Los Angeles Employment Attorney If Your Employer Refuses To Give Leave Or Threatens To Fire You Upon Such A Request.