Ever since the passage of the Family Medical Leave Act in 1993, most employers must provide you up to 12 weeks each year of unpaid leave if your reasons for taking time off meet the requirements. When you take leave under the FMLA you cannot lose your job, benefits or seniority as a result. The U.S. Department of Labor administers the FMLA and issues regulations based on the legislation.
Coverage
All private employers with 50 or more employees must grant FMLA leave if a worker submits a valid request. If you work for a local, state or the federal government full time you are covered. In addition, all school teachers are covered, whether they teach in private or public schools.
Eligible Employees
You must be with your present employer for at least 12 months to be eligible for FMLA family leave. In addition, you must have worked at least 1,250 hours in the previous 12 months. Leave may be taken in a single block of time or intermittently, depending on an employee’s situation.
Reasons
If an employee is medically certified as unable to work, she can take FMLA leave. This includes leave taken to deal with complications due to pregnancy. Other valid reasons for taking time off include care of a newborn baby or for care of a sick parent, child or spouse. Finally, if you adopt a child or agree to have a foster child placed in your home, you can use FMLA leave to provide a period of transition or adjustment.
Procedure
To request FMLA leave you must submit an application which you can get from your employer. You complete only the first section. Take the application to your health care provider. The health care provider completes the second section to certify your medical condition or that of a family member. In the case of an adoption or foster care placement, the placement agency completes the certification. You then submit the form to your employer, who must grant FMLA leave if your request meets Department of Labor guidelines. IF you are taking intermittent leave, you should refer to the FMLA application each time you submit a request for time off.
