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| Family and Medical Leave Act For Employees |
The Family and Medical Leave Act ("FMLA") allows employees to take up to 12 weeks of unpaid leave for certain family and medical reasons, without having to worry about losing their jobs.
Unfortunately, the exceptions are broader than the benefits the Act provides. Chances are the Act may not apply to your company, you won't get paid while you're out and you'll be forced to use your vacation time.
The Basics
The act doesn't cover small business employees, but does cover about two-thirds of American workers.
For an employee to be eligible:
- You must work for a business made up of at least 50 employees (either part-time or full-time) who live within 75 miles.
- Or you must work for either the federal, state or local government.
- You must have worked for at least 12 months for your current employer and at least 1,250 hours.
The act allows employees to take time off to care for:
- your newborn child
- your new, adopted or foster child
- a seriously ill son, daughter, parent or spouse. A child over the age of 18 isn't covered, unless the adult child is considered "incapable of self-care because of a mental or physical disability," as defined by the Americans with Disabilities Act.
- yourself - if you suffer from a "serious health condition" that prevents you from performing your job.
What's A "Serious Health Condition?"
The Department of Labor's short and hazy definition is "an illness, injury, impairment, or physical or mental condition that involves - inpatient care - or continuing treatment by a health care provider." Basically, cancer, diabetes, surgery, pregnancy difficulties and so forth qualify.
If you're eligible for taking sick leave under the act, your employer may (but isn't required to) offer you a lighter schedule or some other accommodation to keep you working.
Job Security
It's illegal for your employer to reprimand or count the leave against you in any way - including attendance.
And your employer must provide you with the same job or an equivalent position when you return, unless:
- After the allotted 12 weeks, you can't return to your job or perform the same work because of a physical or mental condition
- If FMLA leave will cause "substantial and grievous economic injury" to the business, "key" employees (those who are among the highest paid 10 percent in the business) don't have to be reinstated in their jobs.
What To Do When You're Taking Leave
If you're eligible for FMLA leave and want to use it, you should:
- Give your employer 30 days written notice before starting the leave. In certain circumstances, you can take leave immediately, or within one to two working days
- Provide medical proof. Just one doctor's note may not work. The employer can request second and third medical opinions, but the employer must pay for those
- Make sure your employer is continuing to pay your group health benefits during your leave. (You, of course, must continue to pay any premiums.)
- Decide whether to use accrued paid leave (such as sick leave or vacation leave) as part of your FMLA leave. Under the law, your employer can require you to use accrued leave.
- Humor your employer's occasional checks to verify your status and intent to return to work. If you fail to provide medical certification when your employer requests it, your employer can terminate the leave or your employment
- Within two business days of returning to work, request that your employer record your leave time as FMLA-related, so your job absence doesn't come back to haunt you
Getting Help
By law, employers must "post a notice approved by the Secretary of Labor explaining rights and responsibilities under FMLA." Your employer must also provide information to all employees about requirements for such leave, as well as the repercussions for employees who fail to return to work after the leave.
If you have additional questions, contact the U.S. Department of Labor's Employment Standards Administration's Wage and Hour Division, which is in charge of enforcing the law.
What's Next?
If you still feel that your employee rights have been violated, write down everything that has happened, including the date, time, place and names of those involved, and contact a local lawyer with FMLA experience.
Related Web Links:
U.S. Department of Labor
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