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The Family and Medical Leave Act (FMLA) allows certain US employers to provide up to 12 weeks of unpaid leave for covered reasons without losing their job. The law was amended in 2009 to extend the time allowed to 26 weeks for employees caring for a family member who is an active member of the US military. The FMLA protects employees facing serious illness and allows new parents to balance work and home life. The law only applies to companies with at least 50 employees within a 120 km radius and the employee must have worked for the employer for at least one year and must have worked a minimum of 1250 hours in the previous 12 months. The decision to pay the employee during FMLA absence is determined by company policy.
FMLA stands for Family and Medical Leave Act, which was signed into US law in 1993. The law requires certain employers to allow their employees up to 12 weeks of unpaid leave in any 12-month period without losing their job. Leave must be taken for covered reasons, which include the adoption or birth of a new baby, serious illness of the employee, or serious illness of a member of the employee’s immediate family. Immediate family includes the employee’s wife, child or parents. The law was amended in January 2009, extending the time allowed to 26 weeks for employees caring for a family member who is an active member of the US military.
The FMLA was designed to protect the jobs of employees facing serious illness and allow new parents to balance the demands of work and home life. Under the FMLA, a covered employer must keep the employee’s employment or provide another position that has the same responsibilities and wages. The employee’s benefits must also be reinstated when the employee returns to work, and the act prohibits any type of retaliatory action by the employer against the employee for taking a leave of absence.
Employees are generally required to submit medical documentation relating to the illness or birth of a child and adoption documentation if leave is being taken for adoption. Your company generally requests at least 30 days’ notice, whenever possible, in order to minimize disruption of your absence to the company’s workflow.
The FMLA does not apply to all companies and employers. To be covered under the law, an employer must have at least 50 employees within a 120 km radius of where the covered employee works or where the business is headquartered. In addition, the employee must have worked for the employer for at least one year and must have worked a minimum of 1250 hours in the previous 12 months.
As the FMLA only requires the employer to provide unpaid leave, the decision to pay the employee will be determined by company policy. If the employee has a vacation, holiday, or sick leave, some companies will require the employee to apply this time to FMLA absence; you should check with your human resources department for details about whether you qualify for the FMLA and how your company enforces the FMLA rules.
If your workplace is not a covered employer, they are not required to follow FMLA guidelines, but many smaller companies have similar leave policies in place for their employees. In addition, some company policies offer benefits beyond the minimum FMLA requirements. Since the 1980s, employers of all sizes, in order to retain quality employees, have become more welcoming to employees who raise and care for families. If you are experiencing a serious illness, check with your supervisor how your company can help you maintain your position while you are ill.
Asset Smart.
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