The federal Family and Medical Leave Act requires covered employers to grant eligible employees up to 12 workweeks of unpaid leave during any 12-month period for certain family reasons. An employee can use the time to care for a newborn or a child brought into the family through adoption or foster care. The worker may also use the leave to care for a child, spouse or parent with a serious health condition or to deal with his own serious health condition. The FMLA offers advantages for workers but some disadvantages, too.
Job Protection
A notable advantage of FMLA is that it offers job protection. If you qualify for leave, you are guaranteed the ability to return to your original job or an "equivalent" job. Survivorship A to Z, a website that provides information for people living with cancer, points out that you may not get exactly the same job when you return. If you love what you do, that could be a disadvantage. Survivorship A to Z explains that an "equivalent" job has to be substantially equal or similar with equivalent pay and benefits, but does not need to be identical. You lose the job protection if you are away from work beyond 12 weeks, unless you get an extension from your state or an accommodation under the Americans With Disabilities Act.
Coverage
If you work for a large company and have been employed there for a while, you get all the advantages of the FMLA. You could be at a disadvantage if you're new to your job or work for a small company. Survivorship A to Z notes that the FMLA applies only to employees of certain companies with 50 or more workers. In order to qualify, you must have worked for that employer for at least 12 months. Depending on the reason for your leave request, you may have to present proof of the need for leave from one or two health-care providers. Both you and your employer may request a third opinion that is binding on both parties.
Length of Leave
Twelve weeks may be more than enough time off for some people, depending on their needs. In fact, it can be an advantage for some people that the 12 weeks can be taken intermittently. For others, the time limit can be a disadvantage if 12 weeks is not enough time to handle the health or family situation.
Wages
If you need to take time off, it's an advantage to know you have a job waiting for you when your leave is over. Unfortunately, the FMLA offers only unpaid leave time. This lack of pay during times of need can be a major disadvantage to taking time off under the FMLA.
References
- U.S. Department of Labor: Family and Medical Leave Act
- Survivorship A to Z: Family and Medical Leave Act: Is My Job Protected If I Take FMLA Leave?
- Survivorship A to Z: Family and Medical Leave Act: What Are The Eligibility Requirements To Qualify For FMLA Leave?
- Survivorship A to Z: Family and Medical Leave Act: How Much Leave Am I Entitled To Under the FMLA?
