Nurses may request leave under the Family and Medical Leave Act (FMLA), especially if they have a family member with a serious health condition. While the long shifts and high-pressure environment may hold you back, the FMLA protects your job and license if you need to care for sick loved ones. However, this protection only applies if you meet the law’s eligibility criteria.
Assessing your eligibility
Under the FMLA, the eligibility requirements include:
- Covered employer: Private hospitals with at least 50 employees and all public agencies
- Length of service: Nurses who have worked for the employer for at least 12 months
- Total working hours: Nurses who worked at least 1,250 hours in the 12 months preceding the requested leave
- Worksite location: A workplace where the employer has at least 50 employees within a 75-mile radius
Meeting these requirements gives you the right to file for leave, provided that the reason is a qualifying life event.
Using your leave according to the law
While the FMLA permits a continuous 12-week absence, you may also file for intermittent leave. This means you can take leave in small blocks for your family or when a doctor certifies the need for intermittent care.
Having this option available can be beneficial when balancing a demanding hospital shift rotation. While FMLA shields your right to take leave, it does not supersede the professional obligation to ensure a safe hand-off. Failing to perform this can leave you at risk of patient abandonment and negligence.
Safeguarding your career and license
Taking an FMLA leave does not constitute a violation of the Florida Nurse Practice Act, provided that you followed protocol for reporting absences. If your human resources department claims you are not eligible, seeking legal counsel to review your eligibility can offer insights to ensure your rights remain protected.