Congress passed the Family and Medical Leave Act (FMLA), to assist people in balancing their family needs with work. This act protects the employee from losing a job due to medical or other important family issues that pull her away from her job for a limited time. FMLA allows up to 12 weeks of unpaid leave for the care of a newborn, adopted or foster child, a family member with a serious illness, a personal health condition, assisting an active duty military member with family issues or to assist an injured military family member during recovery.
Employee's Responsibilities
The proper FMLA paperwork must be filled out and submitted to your supervisor 30 days before the leave. If that isn't possible, the paperwork should be filled out and submitted as soon as possible. The Healthcare Provider Certification form needs to be submitted in cases of personal medical needs or when caring for a family member. If the employee is requesting leave for foster care or adoption, all documentation and plans should be submitted as soon as possible. All care should be taken to make the process smooth and without interruptions to the workplace. Regular status reports to your supervisor will keep the lines of communication open and help with job planning. If you decide not to return to work, you should let your supervisor know before the end of the leave. Additional documentation may be needed to prove the need for FMLA. For personal FMLA, a doctor's statement may be necessary to return to work.
Supervisor's Responsibilities
Employers should let the employees know if they are eligible for FMLA. The supervisor should inform the employee of any information that is required and provide information about the employee's responsibilities and rights. Employers should tell the employees what his FMLA entitlement is. If the employee isn't eligible, the employer is required to state the reason. The supervisor should keep the human resources department aware of issues that arise from the employee's leave status. Employers must post the FMLA provisions for employees.
Additional Responsibilities
If both the husband and wife work for the same employer, they may not take the full 12 weeks off for birth, adoption or to care for another family member with a serious illness. If an employee is requesting leave for medical treatment that is planned and not an emergency, he should discuss this with the employer to make the leave less disruptive to the company. The employer may require the employee to use paid leave during FMLA, according to the company's policies.
