Does the FMLA guarantee job protection if an employee needs to care for an ailing family member?

Yes, the Family and Medical Leave Act (FMLA) does guarantee job protection for employees who need to take time off of work to care for an ailing family member in North Carolina. Under the rules of FMLA, employers are required to grant employees up to 12 weeks of unpaid leave in a 12-month period to care for a family member who is suffering from a serious health condition, such as an injury, illness, or disability. During this time, it is important to note that the employee’s job is protected; that is, the employee cannot be discharged, demoted, or have their hours decreased for taking FMLA leave. Furthermore, the employee’s health care benefits must remain in place while they are away. Upon returning to work, the employee is guaranteed reinstatement to their original job or an equivalent position and must also be provided with any benefits that they would have received had they been present during the leave period. In order to be eligible for FMLA leave, the employee must have worked for the same employer for at least 12 months and have worked at least 1250 hours during the 12 months before taking leave.

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Does the FMLA guarantee job protection if an employee needs to care for an ailing family member?

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