Things to Know About Family and Medical Leave Act (FMLA)

By | October 21, 2014

This act is for people who want to leave their job based on a few factors. This act helps in managing workplace demands with medical needs of the employees and their families. Under this act people can take unpaid leave for 12 weeks in a year for taking care of the family or parents serious health conditions or for personal health problem. This FLMA can also be used by women for the birth and bonding of child. So, before you proceed check with your state or federal labor laws.

Who are eligible for FLMA?
Not all employees are eligible for FLMA and not all organizations can grant this privilege to their employees. This is applicable for the employees who at least worked for a minimum period of 12 months in a organization prior to request the leave and also they must have at least 1,250 of working hours in those 12 months i.e., for the people who works for 8 hours which translates to 156 days.

The company should also be eligible for providing that privilege to the employees and for that, the company should have at least 50 employees who are working within 75 miles of the location. This provisions many change form state to state and country to country.

Are you eligible for paid leave FLMA?
In general case, this both are different and an employee can use the paid leave before he/she proceeds to the FLMA if needed. So, check this issue with your HR as the FLMA differ in every state and country. For example, if you are working in a company that offers paid maternity leave, you would use that leave at first and then use the additional leave using FLMA.

Is there a necessity of proof for your employer of your serious health condition?
This is always not necessary and it depends on the employer. The law doesn’t say that it is not always required the proof when you want to leave but some times your employer or boss may ask. However, some labor laws of some states say that the employer should request the proof from the employee and also contact the health care provider.

Is there a job guarantee after the leave?
This may differ from company to company. However, according to the department of labor website, the employee must be restored to the previous job or the equivalent job with same payment and benefits or other conditions of the employment.

Can you request for the additional leave?
Yes, this is applicable if you are a spouse, child or parent of a military or service member who need your care for their serious health condition. In this situation under FLMA additional leave can be extended from 12 weeks to 26 weeks in single 12 months period.

So, before you move forward check with all this issues of FLMA of your state or country.

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