Understanding FMLA
Family and Medical Leave: Taking Time for What Matters Most
Taking time off from work can be stressful, especially when juggling family and medical needs. But thanks to the Family and Medical Leave Act (FMLA), eligible employees in the United States are entitled to take unpaid leave for qualifying reasons without fear of losing their jobs or health insurance.
What is the FMLA?
The FMLA is a federal law that allows eligible employees to take up to 12 weeks of unpaid leave per year for the following reasons:
The birth or adoption of a child
To care for a seriously ill immediate family member (spouse, child, or parent)
To recover from a serious illness
To care for a covered servicemember with a serious injury or illness
Who is eligible for FMLA leave?
To be eligible for FMLA leave, you must meet the following criteria:
You must have worked for your employer for at least 12 months and have worked at least 1,250 hours during the previous 12 months.
Your employer must have at least 50 employees within 75 miles of your worksite.
What are the benefits of taking FMLA leave?
There are many benefits to taking FMLA leave, including:
Peace of mind: Knowing that you have job protection and won't lose your health insurance while on leave can provide much-needed peace of mind during a difficult time.
Time to bond with your family: If you're welcoming a new child or caring for a sick family member, FMLA leave gives you the time you need to bond and provide support.
Time to heal: If you're recovering from a serious illness, FMLA leave gives you the time you need to heal and focus on your health.
Job security: When you return from FMLA leave, you are entitled to be restored to the same or an equivalent position with the same pay and benefits.
How to apply for FMLA leave
To apply for FMLA leave, you must provide your employer with written notice at least 30 days in advance, if possible. However, if you are unable to provide 30 days' notice due to unforeseen circumstances, such as a sudden illness, you must provide notice as soon as possible. Your employer will then provide you with a medical certification form to be completed by your healthcare provider.
What if my employer denies my FMLA leave request?
If your employer denies your FMLA leave request, you have the right to appeal the decision. You can contact the U.S. Department of Labor's Wage and Hour Division for assistance.
Important things to remember about FMLA leave
FMLA leave is unpaid, so you will not receive your regular wages while you are on leave. However, you may be able to use accrued vacation, sick leave, or personal leave to supplement your income while on leave.
You are not required to use all 12 weeks of FMLA leave at once. You can take leave intermittently, as needed.
Your employer can require you to return to work after your FMLA leave is over.
We believe that everyone deserves to take time off for family and medical needs without fear of losing their job or health insurance. That's why we are committed to helping employees understand their rights under the FMLA.
If you have any questions about FMLA leave, or if you believe your employer has violated your rights, please contact us today — We are here to help.
