Employment 101: What Are Protected Leaves?

On average, working Americans take off only 16 days from work per year for illness and vacation. But what happens if you experience a significant life event that requires more employee time off?

Can you take extended time off without having to worry about losing your job or missing out on your paycheck? Thanks to paid time off laws, there are certain types of protected leaves. We’re here to help explain them to you.

Keep reading this quick guide to learn more about the different types of employee leaves to better understand your rights as an employee.

Workers’ Compensation

If you’re injured on the job, you may need time off to fully recover. An employer must grant you workers’ compensation leave as a result. If you can’t return to the job in the event of a serious injury, then your employer may need to agree to a settlement instead, so you get the compensation you need.

Family and Medical Leave

The Family and Medical Leave Act (FMLA) dictates that more than 50 employees must provide 12 weeks of leave per year for serious illnesses. This applies whether you have a serious illness yourself or if you need to assist an immediate family member with a serious injury.

Disability Leave

If you have a disability that requires you to take time off, your employer must accommodate that need. The Americans with Disabilities Act (ADA) doesn’t mandate the required length of time off, but many employers offer short-term disability leave to stay in compliance with the law.

Military Leave

If you’re a member of the military, there are times when you might be called back to serve after you complete your service or training. In that case, your employer must grant you military leave without penalty so you can fulfill your duty requirements.

Religious Observance Leave

Employees are protected against religious discrimination from their employers under the Civil Rights Act. As a result, you are allowed by law to take leave for religious observances if you request a religious accommodation from your employer.

Jury Duty Leave

You never know when you might be called to serve on a jury for a legal case. When you receive a summons for jury duty, your employer must allow you to serve without consequence so you can perform your civic duty.

If you’ve lost your job due to taking any of the above types of protected leaves, it’s in your best interest to contact an employee rights specialist like Davtyan Law Firm.

Non-Protected Types of Leave

Keep in mind that there are other types of leave that companies aren’t required to provide to employees. They include, but are not limited to the following:

  • Bereavement leave
  • Maternity/paternity leave
  • Vacation days
  • Sick days
  • Adoption leave
  • Community service/volunteer leave
  • Adverse weather leave
  • Personal leave
  • Public holiday leave

Some employers will include these types of leave as employee benefits, but you have no legal rights to them should your employer deny your request for them.

Know Your Rights About Protected Leaves

Now that you know how to answer the question, “what are protected leaves?” and you know what’s not included in them, you have a better idea of your rights as an employee. If your employer doesn’t follow mandated leave requirements, consider speaking with an attorney immediately.

Looking for more helpful information like this? Be sure to browse our other articles before you go.

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