Family & Medical Leave Act (FMLA)

The federal Family and Medical Leave Act (FMLA) was created to give patients and caregivers time off from work when needed while balancing the employer's needs. The same rules apply to both patients and their caregivers. There are also state laws which provide additional rights.

In sum, the FMLA provides that:

• Certain employees can take up to 12 weeks of unpaid leave each year.
  • If  you are not covered under the FMLA, you may be covered under similar state laws. In fact, several of the state laws provide more benefits than the federal FMLA - such as paid leave.
• The time off does not have to be consecutive. It can be broken-up. It can even be taken one hour at a time. (This is known as "intermittent leave.")
• Group health benefits (such as health insurance) must be maintained during the leave. Other benefits must be reinstated upon return to work.
• The FMLA provides job protection on return to work, except for certain key employees.  
• Employees must give an employer appropriate notice and, if requested, proof of the need for the leave from a healthcare provider. Employers may request a second medical opinion. If there is disagreement, both parties may request a third opinion. A third opinion is binding on both parties.
• Employees on leave have continuing responsibilities, including complying with a request for recertification.
• An employer may not transfer an employee to discourage an employee from taking leave or otherwise cause a hardship on the employee. An employer is also prohibited from requiring that an employee take more leave than necessary.

If a health condition requires more than 12 weeks leave, additional time off may be available as accommodation under the Americans With Disabilities Act (ADA). (Court cases say that  a request for time off work must be a request for a specific period of time in order to qualify under the ADA. An open ended request is not "reasonable.") However, If an employee stays away from work beyond the period protected by the FMLA, there is no rehire obligation.  

Before requesting for FMLA time off, it is advisable to follow the steps linked to the following articles: "Before Asking for FMLA Time Off", Steps To Take When Requesting An FMLA Leave and How To Negotiate For FMLA Leave.  If you are not taking all the time at once, we provide a tool to help you keep track of time off. 

For additional information, see: 

• FMLA Requirements
  • The Requirements To Qualify For FMLA Leave  
  • Same Sex Couples
  • Certification By A Healthcare Provider Certification   (including who can certify, second opinions)
  • Special Rules For Teachers and State Employees
  • What Information Can An Employer Ask For Under The FMLA?
  • What If I Am Not Entitled To Leave Under The FMLA ?
  • State Leave Laws
• Caregivers
• Before Asking For FMLA Time Off
  • Eight Steps To Take Before Asking For Time Off Under The FMLA 
• How To Ask For FMLA Time Off: 
  • Steps To Take When Requesting An FMLA Leave   
  • How To Negotiate For FMLA Leave
• Time off
  • Intermittent Leave (leave not taken all at once)  
  • How Much Leave Am I Entitled To Under The FMLA? What If I Need More Time?
  • What If I Don't Need A Full 12 Weeks Off, Or Need To Take Time Off on A Daily Or Even Hourly Basis?
  • How Does The FMLA Relate To Other Time Off To Which I May Be Entitled?
  • What If I Negotiate For Less Than 12 Weeks Off Under The FMLA, But Find I Need More Time?
  • What If I Need More Than 12 Weeks Off Of Work?
  • How Is The 12 Month FMLA Period Determined?
  • How Is Time Off Counted?
  • Leave Tracking Chart  (to help keep track of time off)
  • What Are The Rules For Military Leave?
• While on leave
  • What Are My Responsibilities While On FMLA Leave?
  • How To Ensure That You Return To Your Original Job Instead Of An Equivalent  
  • What Can My Employer Do To Check Up On Me While I'm On FMLA Leave?
  • If Your Employer Asks For Recertification Of The Need To Continue To Take Time Off
• Return To Work: Job protection
  • Fitness For Duty Certification  
  • Is My Job Protected If I Take FMLA Leave?
  • Key Employees  
  • What If I Accept A Light Duty Assignment When I Return To Work?
• Compensation
  • What Happens To My Salary If I Take Leave Under The FMLA?
  • Does An Employer Have To Pay Bonuses To An Employee Who Has Been On FMLA Leave?
• Benefits: 
  • What About My Employer Benefits While On FMLA Leave?
  • What About My Employer Benefits When I Return To Work?
  • What Happens To My Employer Benefits If I Do Not Return To Work?
  • What If A Benefit Such As Health Insurance Changes While I Am On FMLA Leave?
  • What's The Relationship Between The FMLA And The Continuation Of Health Coverage Under COBRA?
  • Does FMLA Affect Employee-Pay-All Benefits?
• Union: What If A Collective Bargaining Agreement Requires More Than FMLA?
• Retaliation: Can My Employer Retaliate Against Me For Asking For Time Off Under The FMLA?
• Enforcement
  • What To Do If You Are Unlawfully Denied FMLA Leave

NOTE:  If you do not want to disclose your health condition, there  are a variety of professionals who can certify the need for time off without disclosing your basic health condition.

       Reviewed and edited by Lisa Gerson, Esq.
                                                                                              McDermott Will & Emery LLP
                                                                                              340 Madison Avenue
                                                                                              New York, New York 10173-1922

Please share how this information is useful to you. 0 Comments