Atlanta 9to5

Understanding fmla

The Family and Medical Leave Act, passed by Congress and signed by President Clinton in February 1993, took effect on August 5, 1993. 

 

Am I eligible?

If you work for a company with 50 or more local employees, have been on the job at least 12 months and worked at least 1,250 hours (about 25 hrs./week), you are eligible.  All state, local and federal employees are covered, as well as anyone who works for Congress.

The law allows companies to exempt “key employees.”  These must be among the highest-paid 10% of company employees in a 75-mile radius, and the employer must be able to show that reinstatement after leave would cause “substantial and grievous economic injury.”

Companies don’t have to provide leave to employees in an area where there are less than 50 employees in a 75 mile radius.  This means small regional offices of large companies may be exempt.  Many companies will want to have uniform policies for all employees, so check with your personnel department if this is your situation.

Remember, some state laws and union contracts are more generous than the FMLA, so check with your state elected official’s office or your union steward.

 

When can I take this leave?

When you have a new child by birth, adoption or foster care; when you need to care for a spouse, child or parent who has a serious health condition; when you’re so sick yourself that you can’t perform your job.  (see below)

 

How long a leave can I take?

Twelve weeks per year.  For a new child, you have to take the leave all at once unless your employer agrees to a different schedule.  For medical problems however, you can work out a more flexible arrangement, if a doctor certifies that is what is needed.  You may be able to take a day or week when needed or reduce your workweek or workday.

If you and your spouse work for the same employer and have a new child, the law allows your employer to limit you both to 12 weeks’ leave, to split between the two of you as you choose.  This split does not apply to leave to care for a sick family member or a personal illness.

 

How sick does someone have to be to qualify for this leave?

The law defines “serious health conditions” as an illness, injury, physical or mental condition that requires an overnight stay in a hospital; or an absence of more than 3 calendar days of work, school or other regular activities; or continuing treatment by a health care provider.  Pregnancy and chronic conditions such as asthma are covered even if the absence is less than 3 days.  Your employer may require certification of the need for medical leave for yourself or a family member.

 

Do I get any pay during leave or qualify for unemployment?

The leave is unpaid, so your paycheck will stop.  However, if the FMLA absence qualifies under the employer’s sick leave policy, you may use any paid sick leave you’ve accrued for that absence.  You may also use your vacation.  There is no federal government compensation such as unemployment.  (Five states and Puerto Rico do, however, have Temporary Disability Insurance, which provides partial income during your own medical leave; they are Rhode Island, New York, California, New Jersey and Hawaii.)

Your employer must continue to pay your health care premiums while you’re on leave.  If you have a co-pay system, each party continues to pay their part.  Employers can opt to continue your group life insurance, accrued vacation and other benefits, but are not required to do so.

 

If my company already gives me 2 weeks sick leave, do I get an additional 12 weeks?

No.  Your employer can count your sick leave toward the 12 weeks of FMLA leave, but they must notify you of this within two days of your request for leave.  Your employer can also count your accrued paid vacation and personal-leave days as FMLA leave, with the same notification rule.  If you use 3 weeks vacation leave and another week sick leave, you’re left with only 8 weeks of job-protected family leave.

 

What happens if I decide not to come back to work after having a baby or being ill?

Your employer can require you to reimburse them for the health insurance premiums they paid during the time you were on leave unless a serious medical problem or other circumstances beyond your control prevent you from returning to work.  However, they must notify you of such a requirement within 2 business days of your request for leave.

 

What if my state also has a family leave law?

You may use whichever law offers you the greatest benefit.  For example, Vermont covers companies with as few as 10 employees to give up to 12 weeks for serious illness.  Connecticut offers 16 weeks every 24 months.  If you have a baby in 1994, you may use the 16-week leave under state law.  If you become ill during 1995, you may be able to take leave under federal law.  You’ll need to know your rights to get the best arrangement.

 

Can my employer count my FMLA absence as an “occurrence” under an attendance policy?

No.  You cannot be warned, suspended, fired, disciplined or denied overtime or advancement because of FMLA absence.

 

Where do I call if my employer denies me leave or a job to come back to?

When you are ready to return from leave, your employer is required to give you the same or equivalent position, in terms of pay, conditions of employment and benefits.

 

If you are denied leave or return to employment, contact the nearest office of the Wage and Hour Division of the US Dept. of Labor.  Look in the government listings of your phone book under US Government, Dept. of Labor, Employment Standards Admin.  You also have the right to bring a civil case against your employer in state court to get reinstatement of lost wages and attorney’s fees.

 

For more information about your rights under this law call  9to5 at 1-800-522-0925.