Guide to Leave Laws: Your Legal Right to Time Off from Work

Most people are pleased to have a job and a means for providing for their family. But, every so often, a worker needs time off — to take care of their sick family members, vote, or recover from their own illnesses. Here, you can find information relating to laws that protect taking time off from work and whether such time off is paid or unpaid.

Family and Medical Leave

The Family and Medical Leave Act (FMLA) is a federal law that grants employees the right to an extended leave of absence for specific family or medical circumstances. The FMLA extends to government agencies, private businesses, and companies with 50 or more employees in at least 20 weeks over the past calendar year.

For employees to qualify, they must have worked for at least 12 months and accumulated 1,250 hours within the 12 months immediately before their leave. Also, their worksite must be within the U.S. or a U.S. territory, and the employer must have a workforce of at least 50 employees within a 75-mile radius. Once these criteria are met, eligible employees can take leave for various reasons, including:

• Birth or adoption of a child
• A personal medical condition
• Tending to the needs of an immediate family member facing a serious health condition

Understanding federal and state regulations and employer policies is crucial for employees seeking to exercise their medical and family leave rights.

Maternity Leave

The FMLA also gives maternity leave. Maternity leave is time off from work before and after the birth of a child. Under the law, a covered employee may take 12 weeks of leave within 12 months. But, the law does not force the employer to pay a salary during this time. The employee may use accrued vacation time and paid time off to get wages during the leave.

Another potential source of income for those on maternity leave is short-term disability benefits. Short-term disability benefits may be available through private employers or state-sponsored programs. But the terms of coverage and other details vary greatly.

Time Off for Voting and Jury Duty

When an employee wants to take a leave of absence to fulfill a civic duty, vote, or serve on a jury, state laws often protect the employee's right to do so. Nearly every state has laws banning an employer from disciplining or firing an employee who takes time off to vote. But rules about this vary considerably and may require proof you voted or evidence that you could not vote before or after work. Some states require that you give advance notice of your intended absence.

It is harder to get time off for jury duty. Although few employers will object, issues can arise when an employee is chosen to sit on a trial for an extended time. Many states have laws that prevent employers from disciplining or firing you for serving on a jury, though the state laws should be examined to ensure compliance with local rules. Time off for jury duty is usually unpaid, though some states require your employer to pay for leave or allow an employee to use their accrued paid leave when called to a jury.

Military Leave

Employees who serve in the military have specific leave rights to fulfill their military duties without losing their civilian jobs. The Uniformed Services Employment and Reemployment Rights Act (USERRA), overseen by the Department of Labor, ensures these rights. It allows people to take military leave and return to civilian jobs with the same rights and benefits.

USERRA, a federal law for all employers, stops discrimination based on military service. Employers, whether private companies or the federal government, must put returning service members back in their old jobs or provide a similar one with similar benefits. This important law supports those in military service and keeps their connection to civilian careers intact.

Vacation, Sick Leave, and Paid Time Off

Companies often have rules about how much time you can take off, especially if you work full-time or part-time. The number of hours you get and how you earn them, called accrual, may vary based on your job type. Some companies have specific sick days, holiday pay, and vacation guidelines. Knowing these rules helps you plan your time off, whether taking a break, dealing with sickness, or enjoying holidays. It's important to check your company's policies so you can use your time off wisely while keeping your job secure.

Understanding how the Fair Labor Standards Act (FLSA) influences paid time off, including vacation time, is crucial for employees. Under the FLSA, employers can determine their policies about paid time off, including vacation days. The law doesn't set a federal standard for the number of paid vacation days, but it ensures that employees should be compensated for the hours worked when they earn paid time off.

Get a Lawyer's Help

Navigating family and medical leave, especially about employer policies, requires a complex understanding of employment laws. An experienced labor law attorney can give valuable insights into your situation. Contact an attorney for legal advice on employee benefits and leave policies.