The FMLA requires certain employers to allow their employees up to 12 weeks of unpaid leave in any 12-month period without losing their job.
FMLA stands for Family and Medical Leave Act, which became U.S. law in 1993. The law requires certain employers to allow their employees up to 12 weeks of unpaid leave in any 12-month period without losing their worked. The leave must be taken for covered reasons, including the adoption or birth of a new baby, serious illness of the employee, or serious illness of a member of the employee’s immediate family. Immediate family includes the employee’s spouse, child, or parent. The law was amended in January 2009, extending the time allowed to 26 weeks for employees caring for a family member on active duty in the US military.
Under the Family and Medical Leave Act, employees generally must submit adoption documentation if they take adoption leave.
The FMLA is designed to protect the jobs of employees facing serious illness and allow new parents to balance the demands of work and family life. Under the FMLA, a covered employer must retain the employee’s employment or provide another position that has the same responsibilities and compensation. Employee benefits must also be restored once the employee returns to work, and the law prohibits any retaliatory action by the employer against the employee for taking leave.
FMLA can help professionals find appropriate treatment facilities for sick or injured family members.
Employees are generally required to submit medical documentation related to illness or the birth of a child, and adoption paperwork if adoptive leave is taken. Your company will generally require at least 30 days’ notice whenever possible to minimize the disruption of your absence to business workflow.
The FMLA does not apply to all businesses and employers. To be covered by the law, an employer must have at least 50 employees within a 75-mile radius of where the covered employee works or where the business is headquartered. In addition, the employee must have worked for the employer for at least one year and must have worked a minimum of 1,250 hours in the previous 12 months.
Professionals use time paid by the FMLA to care for a seriously ill family member.
Since the FMLA only requires the employer to provide unpaid leave, company policy will determine the decision to pay the employee. If the employee has paid vacation, vacation, or sick leave, some companies will require the employee to apply this time to FMLA leave; he should check with his human resources department for details on whether he qualifies for the FMLA and how his company enforces the FMLA rules.
If your workplace is not a covered employer, they are not required to follow FMLA guidelines, but many smaller companies have similar leave policies for their employees. Additionally, some company policies offer benefits beyond the minimum FMLA requirements. Since the 1980s, employers of all sizes, in order to retain quality staff, have become more flexible with employees, raising and caring for families. If you are facing a serious illness, ask your supervisor about how your company can help you keep your job while you are sick.