Human Resource Blog

FMLA in South Carolina

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Which of our employees are covered by the FMLA in South Carolina?

The Family and Medical Leave Act covers employees that have worked for a qualifying company for at least 1,250 hours out of the previous year that wish to take time away from work for a qualifying medical condition. Therefore, as long as your employees meet certain requirements, they may be able to take up to 12 weeks off of work each year under the FMLA.

In order for the employer to be qualified by the FMLA, the employer needs to have at least 50 employees that work within a 75-mile radius of the employee that wishes to take the FMLA time off.

The employee that takes the FMLA time off must be able to return to work at the end of the period of time off to have the same job, or an equivalent job if his or her previous job is no longer available. Also, the employee should have the same salary and benefits that he or she had prior to taking the time off, including vacation time.

Employers cannot discriminate against employees that have taken or are taking FMLA time off. However, the employees do need to make sure that they have a qualifying reason for taking time off and may need to provide proof of the qualifying condition to the employer in order to take the time off.

Employees should be able to take time off for the following reasons:

·         To care for their own medical conditions

·         To care for the medical conditions of a spouse

·         To care for a child, as long as the child is under the age of 18

·         To care for a parent, as long as the employee is over the age of 18 and as long as the parent is a biological parent and not an in-law

·         For the birth of a child, or after a child has been adopted or taken in through foster care. CB