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What are your rights under the Mississippi Family and Medical Leave Act?

On Behalf of | Dec 19, 2022 | Employment Law |

Workers in Mississippi have rights regarding their health and that of their families. One federal employment law that applies to this subject is the Family and Medical Leave Act. Therefore, employees must understand their rights under this law.

Understanding the Family and Medical Leave Act

The Family and Medical Leave Act (FMLA) allows some employees to take up to 12 weeks of unpaid time off annually. It will enable workers to tend to their severe health conditions or to care for a sick family member. The FMLA also allows new parents time to bond with their biological or adopted child.

Under the FMLA, employers must provide leave but are not required to pay workers for it. Employers are also prohibited from terminating an employee, retaliating against them or changing their job when they take time off under the law.

Eligibility for the FMLA

Employees are eligible for the FMLA under specific criteria. Those who work for private employers with at least 50 employees for at least 20 weeks during the year can get this kind of leave. Employees of public employers are eligible regardless of the number of workers employed.

A worker is eligible for leave under the FMLA if they have worked for their employer for at least 12 months. That time does not have to be consecutive, but they must have put in at least 1,250 hours. Per employment law, employers are required to maintain their workers’ health insurance while they take time off for FMLA.

Serious health conditions explained

Severe health conditions require a stay in the hospital or another medical facility and those that cause incapacitation for over three consecutive days require medical treatment. Such treatment might include rehab, prescription medication, doctor visits, and more.

Chronic health conditions fall under the category of “serious health conditions” as well. This also includes pregnancy, prenatal care appointments, orders of bed rest and incapacity due to morning sickness.

If you need time off under the FMLA, you should inform your employer at least 30 days beforehand.