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) guarantees job protection for employees who need to care for an ailing family member in Washington State. The FMLA provides job-protected leave for up to 12 weeks in any 12-month period for a qualifying reason and up to 26 weeks for military family leave. Qualifying reasons for leave include caring for an ill family member, caring for a newly-born, adopted or foster child, or dealing with a personal illness or injury. Employees must meet certain requirements to qualify for FMLA leave. The employee must have been employed for at least 12 months and have worked at least 1,250 hours in the last 12 months at the same employer. The employee must also work at a location where at least 50 employees are employed within a 75-mile radius. Once these eligibility requirements are met, the employee may be granted FMLA leave and guarantee job protection. During FMLA leave, the employee’s job is protected by their employer and the employee can continue their health insurance benefits. Upon returning from leave, the employee is eligible to be returned to their previous job or an equivalent position with the same employer. This ensures that an employee has the support and security to care for an ailing family member.
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