What are the rights of workers under the Family and Medical Leave Act?

Under the Family and Medical Leave Act (FMLA), eligible employees in South Carolina have the right to up to 12 weeks of unpaid leave each year for specific reasons, such as the birth or adoption of a child, caring for a family member with a serious health condition, or for their own illness. This leave is available to both full-time and part-time employees who have worked for their employer for at least 12 months. Employees can take FMLA leave in increments as short as an hour or take it all at once. During FMLA leave, employers must continue the employee’s benefits, such as health insurance, and may not retaliate against the employee for taking leave. Employees are also entitled to take FMLA leave intermittently or on a reduced work schedule. Additionally, an employee may be entitled to up to 26 weeks of leave to care for an injured service member in the family. Upon returning from FMLA leave, the employee must be returned to their original job or an equivalent job with the same pay and benefits. The employer is not allowed to reduce the employee’s salary, hours, or benefits due to taking FMLA leave. Employees may also take FMLA leave in conjunction with other leave rights such as paid vacation or sick leave. Employees in South Carolina should be aware of their rights and responsibilities under the FMLA, as it can be a great benefit to have the time off for a serious health condition, the birth or adoption of a child, or to care for an injured service member.

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