Medical leaves can be paid or unpaid, depending on your company’s policy. While in most countries around the world, medical leaves come under paid leaves, the US companies do not apply the same rules to their employees. In such a situation, dealing with your ill health or a close one’s sickness can be challenging and juggling work simultaneously.
However, there are certain conditions where the company has to provide you a paid leave, and if they deny it, you can file an official complaint against them. If you are ever in a situation like that, contact an employment attorney Austin to know your rights and what actions you can take against your company.
However, here is some way to understand when you can get paid medical leave at your workplace.
What are the conditions of taking medical leave?
The US law permits various kinds of leave, including sick leave; however, it entirely depends on your company whether you will get paid or unpaid sick leave. For example, you could take medical leave if you were in an accident, on maternity leave, suffering from a viral disease, etc.
However, the condition to keep your job is that you can take unpaid medical leave for as long as you want to recover from your injury or medical condition.
What is the time frame of your medical leave from work?
For every 12 months, you can take up to 12 weeks of leave for a medical condition. These conditions include pregnancy, adoption, a close relative falling ill, for example, child, husband/wife, and parents. In addition, you can take a leave from these 12 weeks to help your close ones recover.
If you want to qualify for this, there are some conditions. The first being the employee has worked a minimum of 1250 hours in the last 12 months. The employees not eligible for paid medical leave are part-time workers who have worked less than 1250 hours in 12 months.
Can someone who is on medical leave get terminated?
Usually, when an employee goes on medical leave and returns, they are offered the same position and salary they have before without any termination. After that, however, the employee has to complete the 12-month condition.
Moreover, additional rights like health insurance advantages and premiums and job security in the same position with the same authority and stature are provided to the employee. However, if someone already occupies their place, there are employer retaliation acts,
Going on a medical if you have completed all the conditions is your right, and if ever your company does not allow you to take a medical leave, you can file a complaint against them. Contact an employment lawyer if you want to know more about your rights as an employee.