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Emergency Leave Laws

Emergency Leave Laws

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The Federal family and medical leave act stipulates the way you can access emergency leave. You can take the leave due to family health reasons or when you are in a health condition which requires urgent medical attention. If you are welcoming a new baby, you are also eligible to take the emergency leave and bond with your baby.

Federal FMLA Rights

You can take up to 12 weeks of emergency leave so that you can attend to the health complications. Other reasons why you can opt to take the leave include bonding with your new

baby. The law also allows you to take the leave so that you can attend to a spouse who is returning from a military deployment. The spouse may be returning home or he has been injured hence you need to be close to him.

Who Is Covered?

If the company has more than 50 employees, then he should provide the leave to employees when necessary. The employee should as well work in the company for the last 20 weeks for him to be eligible for the leave.

Some of the qualifications for the leave include the following:

  • The employee should have work for the company for at least a year
  • For the previous year, the employee should have worked for more than 1,250 hours in the company
  • The employee should be more than 50 in the company and they should live in a radius of less than 75 miles

Reasons for Leave

The FMLA leave is available to employees for them to achieve the following:

  • It allows them bond with a new child
  • If you had suffered from health complication, it allows you to recuperate from the health condition
  • To care for a family with serious health complication
  • It allows you to handle a qualifying urgency due to a family member who serves in the military
  • It allows employees care for a family member who has been injured when serving in the military

Leave and Reinstatement Rights

After the emergency leave ends, the employer is required by law to reinstate you to the same position where you served before going for the leave. The same position should have the same duties, salaries and the benefits you used to enjoy before you went for the leave.


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