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Family Medical Leave Act

March 22nd, 2005 Posted by Christine

The Family Medical Leave Act, or commonly known as FMLA, seems to me can frequently be misunderstood. Many people are misinformed and think that FMLA will apply to them no matter what their circumstances. They feel that 12 weeks of leave is automatically granted in the time of illness and they are guaranteed their job when they return. Actually there are a lot if factors that go in to determining and granting leave of this kind.

The way the law reads is that FMLA is granted only to any employee whose employer has 50 employees or more within a 75 mile radius and the employee requesting the leave has worked a total of 1,250 hours within the last 12 month work period. It is not available to those who work in smaller companies. I would gather that the thought process behind this is because a 12 week leave would hinder the day to day operation of a smaller business. After the 12 weeks you are guaranteed your same job or a job of the same function and pay when you return and that you will be subject to no discrimination for having taken leave.

I know that you have to have a Doctors authorization as well as do a formal request from your employer to even be considered for FMLA leave. They also map out specific instances that FMLA is even the appropriate cause of action. There are other leaves that may be more appropriate in each situation such as bereavement or disability.

With FMLA you may be gone because of the birth of a son or daughter and in order to care for such son or daughter. You can also use FMLA if you are adopting or placing a child up for adoption. Leave can be granted if you, as the employee, have a serious illness or if your child, parent, or spouse has a serious illness that would require you to provide constant care.

I know that it is possible for people who are eligible for FMLA to use their leave intermittently. It would be up to the employer and the employee to agree upon the conditions of that type of partial or reduced leave. Also the employer can deny FMLA and/or let the employee go if they are among the highest salary employees. As I said, FMLA can be a very confusing business, because of all the different requirements and forms Labor Law Center, Inc. has put together a comprehensive FMLA Kit containing an easy to use guide as well as packets of all the necessary forms. It includes the initial request for leave, the doctors certification notice, as well as the response to the employee about their request. I know that for me having the information all together and available to me would easily alleviate any confusion or miscommunications about the law.

In my opinion FMLA is a very beneficial program in a time when assistance is necessary. As long as you and your employer meet the requirements then utilizing this type of leave is definitely one way to secure your employment in a crisis.

Thank you!

Christine M. Carter

Business Compliance Advisor