Five Key Takeaways for Employees in the Family and Medical Leave Act

Labor lawFebruary 18, 2021

Most employers generally offer workers sick leaves that the employees can use when they are sick. However, it can be equally taxing if a close family member is facing health difficulties. And that is when the Family, and Medical Leave Act, a federal law passed in the year 1993, comes into play. It helps the employees balance both the work responsibilities and the family demands.

You Can Take Twelve Weeks of Leave a Year

The FMLA provides you with 12 weeks of leave during 12 months, but the leave remains unpaid. Since this law needs employers to devote time to take care of an ill member of the family, you may think that the time off will be paid. But it may not be true. You can take your mandatory 12 weeks to leave per year to check on somebody ailing in your family, but it may not help you get a paycheck when you do it.

You Can Use Paid Leaves When on FMLA

While, you are on FMLA leave, you may be able to use the paid leaves. Most of the time, the FMLA may be unpaid. It may be possible under a few specific circumstances that may allow you to get paid during your FMLA leave. This includes sick days and vacation days, and sick days.

There is no legal requirement for employers to offer any extra paid leave. A few other employers may suggest you avail of your paid leaves before going for leaves that fall under the category of FMLA. You may need to check with the human resources of your company to find out about the same.

You Can Avail FMLA Only Under Certain Circumstances

While you may feel that you can take an FMLA leave only for family health emergencies, it is not true. At least part of it is not true. You may also avail yourself of the leave when you or your family deals with a health issue.

This includes military deployments or caring for someone covered for a service member. You could also take this leave for childbirth, taking care of a newborn, leaving a child in foster care, or adoption.

You Should Provide Proof of Serious Illness

When it comes to granting FMLA leaves, your word is often not enough. This can often turn out to be a sensitive subject as the law doesn’t ask you to offer a document of proof for requesting leave. But what the FMLA may grant for the employers is that they can ask the proof via a health care provider.

According to the Department of Labor website, the employers need to get the certified proof within five days of an employee requesting FMLA leave. You may need a medical certification from the doctor and produce the doctor-certified medical leave within a spate of 15 days, whether the treatment is for you or your family member. According to the DOL, an employer has the right to contact any health care provider to consult him/her and get an authorized letter for certain health problems.

Your Employer Must Offer You a Job if You Happen to Leave

FMLA legislation ensures that your employer offers you a job in the concern after leaving the company for a certain period. However, there is no guarantee that you would get back the same position you left behind.

The DOL does state that the employee should get a similar position in the company. This means, it will offer equivalent pay, benefits, and other employment terms. So, although you may feel that you may get your former job back, the position may not be the same. Instead, it would be the equivalent of your previous role.

There are many other rules and regulations as per the FMLA. You can talk to your attorney and the human resource personnel to understand the labor laws better. This will give you a clear picture of your leave options. In some cases, you or your employer may not be covered. For instance, an employee hasn’t worked for the company for a year or put in 1250 hours. You may not have the FMLA cover. Visit the website and find out more such details, which will help you have a complete understanding of FMLA.