Share on Facebook
Share on X
Share on LinkedIn
By Louise Herman

If you’re like most people, the most important thing to you is ensuring the well-being of yourself and your loved ones. If you recently had a child, or you or your loved one has developed a significant medical condition that calls for you to take off work for an extended period of time, either to care for yourself or a loved one, you may qualify to take this time off under the Family Medical Leave Act. Please continue reading and reach out to our seasoned Providence, Rhode Island FMLA lawyer to learn more about how we can help. Here are some of the questions you may have:

What is the purpose of the Family Medical Leave Act?

Essentially, the Family Medical Leave Act is in place to give certain qualifying employees time off from work to care for themselves or an immediate relative without having fear of losing their job upon their return. More specifically, qualifying employees are guaranteed a 12-week leave within a 12-month period, or, under corresponding Rhode Island law, a 13-week leave within a two-year period.

Does my employer have to pay me during my leave?

It’s important to note that no, your employer is not required under the law to pay you during your 12-week absence, however, some employers may choose to do so.

How do I know if I qualify under the FMLA?

To qualify under the Family Medical Leave Act, you must prove several things. To start, you’ll have to prove that you have worked at least 1,250 hours with your current employer over the last 12 months. You must also demonstrate that you work for an employer that has at least 50 employees within 75 miles of the company’s location. If you meet these criteria and you were denied FMLA benefits or you were retaliated against for using those benefits, there’s a strong chance you’ll have a claim against your employer. For example, if you took leave and returned to find your job was given to someone else and you were not given either the same job or a substantially similar one, you likely will have a valid claim.

If you find yourself in this situation, please don’t hesitate to speak with a competent Providence County, Rhode Island employment lawyer from our legal team. We are here to help you get the justice you deserve.


If you need help with an employment law matter in the Providence County, Rhode Island area, you can count on Herman Law Group to represent your best interests. To discuss your matter, please contact our firm today.

About the Author
At Herman Law Group, our focus is on safeguarding the rights and careers of employees and businesses alike. With over 35 years of successful legal practice, Louise A. Herman brings an invaluable dual perspective from representing both employees and employers. This unique insight allows us to effectively achieve successful outcomes for our clients in Rhode Island, Massachusetts, and nationwide.