Family and Medical Leave North Carolina
The Family and Medical Leave Act (FMLA) requires your employer to grant up to twelve weeks of unpaid, job-protected leave per year for any of the following conditions:
- Pregnancy and/or the birth of a child
- A serious injury or illness that prevents you from doing your job
- The need to care for a spouse, child, or parent who has a serious health condition
- Placement of a child in your home (adoption or foster care)
- A “qualifying exigency” related to a family member in the military
FMLA Leave for Military Caregivers
A qualifying exigency for families of active military personnel can happen for a variety of different reasons. If, for example, your spouse is in the military reserves and is recalled to active duty—requiring you to take on full-time child care—this is likely to qualify. If a member of your family serving in the military is severely injured, you can qualify for up to 26 weeks of job-protected unpaid leave in order to care for them.
FMLA Eligibility Requirements
In order to qualify for most FMLA leave, you must have worked for your employer for at least the prior 12 months. If the facility where you work has less than 50 employees or is located more than 75 miles away from your employer’s main office, you may not be eligible for FMLA leave.
In order for the Family and Medical Leave Act to protect your job, you may need to take additional steps as prescribed by your employer. Employers do not always provide clear information about FMLA leave requirements ahead of time, so it is important to inform yourself of the facts.
Your employer has the legal right to refuse FMLA leave if certain conditions are not met. For example:
- If you have vacation time or other paid leave, your employer can require you to exhaust all of the paid leave before using any FMLA leave. However, if they do so, this paid leave does not count against your 12 or 26 weeks.
- Your supervisor or HR department can require a note from a doctor certifying a legitimate medical condition.
- If you take time off from work for short-term disability (STD), this time can also be counted against your FMLA leave.
RELATED BLOG POSTS:
Why Systematic Change is Needed in North Carolina Concerning Sexual Harassment in the Workplace (Part 3 of 4)
PART 3: GRASPING ADDITIONAL SETBACKS FACED BY WORKPLACE HARASSMENT VICTIMS AND HOW EMPLOYERS UNFAIRLY BENEFIT By: Nick Sanservino, Jr. & Laura Noble, The Noble Law Firm OTHER PROBLEMS CONFRONTING WORKPLACE HARASSMENT VICTIMS 1. Confidentiality & Non-Disparagement Agreements Employers certainly want to avoid paying substantial damages for sexual harassment. However, an employer’s business can be damaged even more significantly by adverse publicity resulting from workplace […]
Why Systematic Change is Needed in North Carolina Concerning Sexual Harassment in the Workplace (Part 2 of 4)
PART 2: UNDERSTANDING HOW NORTH CAROLINA EMPLOYMENT LAW IS APPLIED IN SEXUAL HARASSMENT CASES Part 2 of 4 – Why Systematic Change is Needed in North Carolina Concerning Sexual Harassment in the Workplace By: Nick Sanservino, Jr. & Laura Noble,The Noble Law Firm NORTH CAROLINA EMPLOYMENT LAW ON SEXUAL HARASSMENT Workplace harassment is prohibited under state law by the North Carolina […]
Why Systemic Change is Needed in North Carolina Concerning Sexual Harassment in the Workplace (Part 1 of 4)
WHY SYSTEMIC CHANGE IS NEEDED IN NORTH CAROLINA CONCERNING SEXUAL HARASSMENT IN THE WORKPLACE Part 1 of 4 By: Nick Sanservino, Jr. & Laura Noble, The Noble Law Firm Nick Sanservino, Jr. has almost 20 years of experience practicing employment law. Prior to joining The Noble Law Firm in 2010, he worked at two of the nation’s largest and most respected management-side […]