Know Your Rights Under the Family Medical Leave Act

Your family just adopted a baby girl who is a bundle of joy. You went all out and during your "Weekend Warrior" activities injured yourself - surgery/rehabilitation is in your near future.  Unfortunately you have been diagnosed with a chronic illness require intermittent treatment.  In all of these scenarios, you must miss work and you are worried about losing your job as a result.  This article will address the Who, What, When, Where and How of one source of job protection, the Family Medical Leave Act (FMLA), that will allow you to focus on your recovery and get back to your job when you are fit to do so.

What is the FMLA?

The FMLA protects an employee’s job in certain situations when absences are necessary due to         medically-related reasons. Under the FMLA, (including provisions under the National Defense Authorization Act) an employee who meets certain criteria, as described more fully below, can take up to 12 weeks of unpaid leave to care for themselves or a family member, or up to 26 weeks of unpaid leave to care if the employee is a family member or next of kin to a member of the Armed Forces (including the National Guard or Reserves) who meets certain medical conditions as described below. 

Who Can Take FMLA Leave?

The FMLA applies to a company with fifty (50) or more employees.To be eligible for FMLA leave, an employee must must have worked at least 12 months for the employer and at least 1250 hours for the year (12 months) immediately preceding the date the FMLA leave begins.  

How Can I Take FMLA Leave?

You should consult your Company's Employee Handbook to obtain information on how to request and be approved for FMLA leave.  You most likely will need to fill out an official FMLA Leave Request form.  If no forms are available, you should at least submit a request in writing indicating:

• your desire to request leave under the FMLA;
• whether you want to use accrued sick, vacation, and parental leave, Short Term Disability (STD), or Long Term Disability (LTD) in order to be paid during the FMLA leave period; and
• the start and end dates (if known) .

After your request and if your conditions appear to qualify for protection under the FMLA,  you will be asked by your Company's Human Resources department to provide medical certification.  Your company may contact your health care provider to clarify or verify information submitted on the certification. You must respond to reasonable inquiries about your leave request.  Failure to do so, may result in the denial of leave or termination as noted above.

When Can I Take FMLA Leave?

If you are an employee with the requisite hours and months worked, you can take FMLA leave for: (1) the birth and care of your child or placement for adoption or foster care placement of a child; (2) the care of an immediate family member (spouse, child, parent) or next of kin (of an Armed Forces Member) who has a serious health condition or is getting treatment for that condition; or for care of your own serious health condition.