Family and Medical Leave Act (FMLA) – What Employees Must Know

Introduction

Balancing work and personal life can be challenging, especially when you or a loved one faces a serious health issue or when you welcome a new child into your family. The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees with job-protected, unpaid leave for specific family and medical reasons. Knowing your rights under the FMLA can help you take the time you need without risking your job.

This guide covers the basics of FMLA, including eligibility, covered reasons for leave, and what to expect when taking FMLA leave.

What is the Family and Medical Leave Act (FMLA)?

The Family and Medical Leave Act (FMLA), enacted in 1993, allows eligible employees to take up to 12 weeks of unpaid leave per year for qualifying family and medical reasons. The FMLA is designed to support employees facing personal or family health challenges by providing job protection and continued health benefits during their time away.

FMLA leave can be used in a continuous block or intermittently, depending on the employee’s needs and the employer’s policies. The FMLA applies to public agencies, public and private schools, and companies with 50 or more employees within a 75-mile radius.

Who is Eligible for FMLA?

Not all employees are automatically eligible for FMLA leave. To qualify, you must meet the following criteria:

1. Employer Size: You must work for a covered employer (public agency, school, or private company with 50+ employees within a 75-mile radius).
2. Employment Duration: You must have worked for your employer for at least 12 months. These months do not need to be consecutive; seasonal workers may qualify if they meet the total time requirement.
3. Hours Worked: You must have worked at least 1,250 hours in the 12 months leading up to the start of your FMLA leave. This averages to about 24 hours per week.

If you meet these qualifications, you’re eligible to take FMLA leave for covered reasons.

What Does FMLA Cover?

FMLA leave can be taken for specific family and medical reasons, each with unique eligibility requirements. Here’s an overview of situations covered by FMLA:

1. Personal Health Condition. You can take FMLA leave if you have a serious health condition that prevents you from performing your job. Serious health conditions include chronic or long-term illnesses, surgery recovery, pregnancy complications, or other medical conditions requiring ongoing treatment.
2. Caring for a Family Member. FMLA allows you to take leave to care for an immediate family member with a serious health condition. Immediate family members include spouses, children under 18, and parents. In some cases, adult children with disabilities may also be covered.
3. Bonding with a New Child. Employees can take FMLA leave to bond with a newborn, adopted child, or foster child within one year of the child’s arrival. Both mothers and fathers are eligible for this type of leave, making FMLA a valuable resource for new parents.
4. Military Family Leave. The FMLA includes specific protections for military families, including Qualifying Exigency Leave and Military Caregiver Leave. Qualifying Exigency Leave provides up to 12 weeks of leave for issues related to a family member’s active-duty deployment, while Military Caregiver Leave provides up to 26 weeks to care for a covered service member with a serious injury or illness.

Your Rights and Protections Under FMLA

The FMLA offers several important protections to ensure that employees are not penalized for taking leave:

• Job Protection: When you return from FMLA leave, your employer must restore you to the same position or an equivalent one with the same pay, benefits, and working conditions.
• Continued Health Benefits: During FMLA leave, your employer must continue your group health insurance under the same terms as if you were working. You may be responsible for paying your portion of health insurance premiums.
• Prohibition Against Retaliation: Employers cannot retaliate against employees for requesting or taking FMLA leave. If you feel your FMLA rights have been violated, you have the right to file a complaint with the Department of Labor’s Wage and Hour Division.

How to Apply for FMLA Leave

If you need to take FMLA leave, follow these steps to ensure a smooth process:

1. Notify Your Employer in Advance. Provide your employer with at least 30 days’ notice if your need for leave is foreseeable (such as for childbirth or planned surgery). If the need for leave is sudden, inform your employer as soon as possible.
2. Complete Required Forms. Your employer may require you to complete FMLA certification forms, which often include medical documentation of the need for leave. Be sure to return the forms promptly to avoid delays in approval.
3. Stay in Touch with Your Employer. While on FMLA leave, maintain communication with your employer about your expected return date and any updates regarding your leave. Keeping your employer informed can help ensure a smooth transition back to work.

Frequently Asked Questions about FMLA

Here are some common questions employees have about FMLA:

• Can I take FMLA leave intermittently?
  • Yes, FMLA leave can be taken intermittently for certain conditions, meaning you can take leave in separate blocks of time or reduce your daily or weekly work hours. This is common for ongoing medical treatments or therapy sessions.
• Is FMLA leave paid?
  • FMLA leave is generally unpaid. However, some employers allow employees to use paid leave, such as vacation or sick days, concurrently with FMLA leave. Check your employer’s policy for details.
• What happens if I need more than 12 weeks?
  • The FMLA only requires 12 weeks of leave (26 weeks for Military Caregiver Leave). If you need more time off, it will depend on your employer’s policies, state leave laws, or whether additional unpaid leave is a reasonable accommodation under the Americans with Disabilities Act (ADA).

Conclusion

The FMLA provides critical support for employees balancing work with personal and family needs. By offering job-protected leave, the FMLA allows you to take the time you need to care for yourself or a loved one without worrying about losing your job. If you’re eligible for FMLA leave, understanding your rights and responsibilities under the law can help you navigate this process with confidence. At Jobs4More, we’re here to help employees understand their workplace rights and navigate essential benefits like FMLA leave.