Family and Medical Leave Act (FMLA)

In Kansas City, life events such as medical emergencies, serious health conditions requiring treatment or recovery, and the birth or adoption of a child affect many families every year. Military service can also create urgent family needs when a loved one is called to active duty. The Family and Medical Leave Act (FMLA) is a federal law that allows eligible employees to take time away from work for these types of events without losing their jobs or health benefits. Determining whether the FMLA applies to you, whether your employer is covered, and whether your situation qualifies for leave can be complicated. Swartz Law in Kansas City has an experienced FMLA attorney who can help you understand your rights and guide you through the process.

Who Is Entitled to FMLA Coverage?

The FMLA protects only “eligible” employees who work for “covered” employers. An employer is considered covered if the company employs at least 50 employees within a 75-mile radius. To be eligible, an employee must have worked for the employer for at least 12 months and completed at least 1,250 hours of work during the 12 months immediately before the leave begins. These 12 months of employment do not need to be consecutive.

However, employees who work for smaller companies in the Kansas City area, part-time employees, or workers who have recently started their jobs may not qualify for FMLA protection. If you fall into one of these categories, other federal or state laws in Kansas or Missouri may still provide certain protections depending on your situation.

FMLA Qualifying Circumstances

The FMLA allows eligible employees to take leave from work for several specific circumstances, including:

• An employee’s own serious health condition
• Caring for a spouse, child, or parent with a serious health condition
• The birth or adoption of a child and bonding with the child
• A “qualifying exigency” related to a family member’s active military service

Time Off Provided

Generally, eligible employees can take up to 12 weeks of leave within a 12-month period. However, employees who qualify for military caregiver leave may take up to 26 weeks of leave within a single 12-month period to care for a covered servicemember.

FMLA leave can be taken all at once or intermittently. This means leave may be used in smaller increments, such as portions of a week, a day, or even hours at a time, depending on the circumstances. If you cannot return to work after exhausting your FMLA leave, your employer may have the right to terminate your employment. However, in some situations, you may qualify for additional leave as a reasonable accommodation under laws such as the Americans with Disabilities Act (ADA).

Job and Benefits Protection

The FMLA does not require employers to pay employees during FMLA leave. However, if you have accrued paid leave—such as vacation days or sick leave—you may choose to use that time while on FMLA leave. In some situations, employers may also require employees to use accrued paid leave during their FMLA absence.

One of the key protections of the FMLA is the right to return to your job or an “equivalent” position after your leave ends. An equivalent position generally means a job with similar pay, benefits, and responsibilities. However, this protection has limits. For example, the law does not protect employees from legitimate layoffs or company restructuring. Additionally, if an employee cannot perform the essential functions of their job after their leave ends, the employer may not be required to reinstate them. In some cases, however, the employee may qualify for reasonable accommodations or extended leave under other federal or state laws.

Employers must also maintain an employee’s group health insurance benefits during FMLA leave under the same terms that existed before the leave began. However, employers are not required to allow employees to continue accruing seniority or other benefits while they are on leave.

How to Ask for FMLA Leave

Understanding your rights is essential when requesting FMLA leave. Employers may not always recognize when an employee qualifies for FMLA protection, which can lead to misunderstandings or unfair employment actions.

Importantly, you do not have to specifically say, “I need FMLA leave.” Instead, you simply need to provide enough information to your employer about your situation so they understand that your request may qualify under the FMLA. Once an employer becomes aware that a situation may qualify, they have a responsibility to inform the employee about their eligibility and rights under the law.

If you believe your employer should have informed you about your eligibility for FMLA leave but failed to do so, speaking with an attorney can help you determine your options.

Employee Obligations Under the FMLA

Employees also have responsibilities when requesting and using FMLA leave. If the need for leave is foreseeable—for example, a scheduled surgery—you are generally required to provide advance notice to your employer. Employers may also require medical certification and periodic updates regarding your condition or your expected return to work.

Maintaining open communication with your employer before, during, and after your leave can help prevent misunderstandings and ensure your rights under the FMLA are protected.