If your employer is covered under the federal Family and Medical Leave Act, you may be entitled to apply for up to 12 weeks of unpaid time off during each 12-month period. The FMLA covers employers with at least 50 employees, including part-time, leased and contingent workers and employees on leave who are expected to return to work. This act also covers public agencies, including public and private elementary and secondary schools. If your employer falls within one of these categories, make sure you're eligible for leave and follow the correct protocol to make sure your employer knows that you're exercising your rights under the FMLA.
Step 1
Apply for family medical leave for the purpose for which the act is designed. If you expect a newcomer to the family--a newborn infant or the arrival of an adopted or foster child--you can take time off. But you can also take time to care for yourself, a spouse, your child or a parent in cases of a serious medical condition.
Step 2
Assess your eligibility. To take leave under the FMLA, you must have worked for your current employer for at least 12 months and logged at least 1,250 hours of work during the past 12 months. Also, if you work for a company that employs 50 or more, you must live within 75 miles of your workplace.
Step 3
Inform your employer of your intent to take family medical leave at least 30 days before you intend to take off work. For example, this might be 30 days before the arrival of a child or a scheduled surgery that will put you out of commission for a while. You don't have to take all of your leave at one time; you may take three weeks off during one period and reserve the remainder of leave time for another occasion. If you run into an emergency situation and need to take family medical leave unexpectedly or sooner than you intended, inform your employer as soon as you can.
Step 4
Put it down in writing. Although federal law indicates that verbal notification is generally sufficient to exercise your rights under the FMLA, it's best that your employer have a hard copy of your request. In your letter of intent, make sure that your employer knows that you're taking unpaid leave as provided by the Family and Medical Leave Act. Don't use words such as "vacation" or "sick leave" or vaguely refer to "taking some time off." Indicate when you intend to start your leave and how long your leave will last, so your employer knows when to expect you back at work.
Step 5
Work with your employer if you require intermittent/reduced schedule leave for your own planned medical treatments or those of your family member, so your employer won't be caught in the lurch. The U.S. Department of Labor indicates that an employer may choose to transfer you to another job with the same pay and benefits that better accommodates your situation.
Tips and Warnings
- A "serious health condition" is an illness, injury, impairment or physical or mental condition that generally involves a period of incapacitation or the need for multiple medical treatments. While you take family medical leave, you won't lose health insurance coverage provided by your employer or any other benefits you have accrued, such as sick leave or vacation time. However, you may have to pay for your health insurance premiums while you're on leave.
- If you take family medical leave for a serious health condition, be it your own or that of a loved one, your employer may require you to provide certification from a health care provider. The FMLA provides an exception for the reinstatement of high-salaried "key employees," if the leave they take will result in considerable financial loss to a company. However, the U.S. Department of Labor states that your employer is required to inform you in writing that you are a key employee, tell you why your job will not be restored, and give you a reasonable opportunity to return to work after you receive this notification.
Things You'll Need
- Computer & printer
