Understanding the Family and Medical Leave Act (FLMA)

The Family and Medical Leave Act, or FMLA, is a federal law enacted in 1993 that guarantees covered employees up to 12 weeks of unpaid job-protected medical leave for qualifying events related to the employee’s health and family wellness. This law requires companies to continue providing medical benefits for the employee while they are on leave and secure the same or similar position for the employee upon their return to work.

The FMLA allows working professional to take leave from work to care for an ill family member or tend to their own ailments without worrying about job loss. Job security is important for employees’ mental health and to maintain a positive company culture.

Learn more: How to Evaluate Company Culture

Understand your rights under the Family and Medical Leave Act to ensure your job security and attend to your family needs without worry when experiencing a family or medical emergency.

FMLA eligibility criteria

Companies value their employees, and many are able to offer additional benefits and options when you need to take time off for an extended period. Some companies offer unlimited paid time off. Others offer support by allowing employees to donate sick leave credits to colleagues in need of them. Check with your employer to understand all your options. To qualify for FMLA leave and have your job protected until you are able to return, your work situation needs to meet the following requirements:

• You need to have been employed with your company for the past 12 months.
• You need to have worked at least 1,250 hours within those 12 months, or about 24 hours a week.
• If you work for a private employer, they must employ at least 50 employees within a 75-mile radius of their legal business address.
• You work for a government agency (no matter how many are employed).
• You work for a public or private elementary or secondary school.

Once you determine whether you qualify based on your place of employment and your specific work history with that employer, consider whether your medical situation falls under the protective umbrella pf the family leave medical act.

Typical reasons for taking family leave under the medical act

You may request family leave under FMLA to care for your spouse, parent, or child affected by a serious health condition, or if you are afflicted and unable to work due to personal illness or injury. If you just need to recharge, check with your employer for other options, such as a work sabbatical. Here are some typical reasons or qualifying events that can ensure you are able to take time from work and have a secure position upon your return:

• You had a medical condition that required an overnight stay in a hospital or medical facility.
• You or another family member have been incapacitated for three or more days and need continued medical attention, such as several doctor appointments, rehabilitation sessions, and other follow-up care.
• You or one of your family members has a chronic condition that requires treatment twice a year or more.
• You are pregnant and experiencing prenatal conditions that impede your ability to complete daily tasks and function as you normally would, such as required bed rest or severe morning sickness diagnosed by a doctor.
• FMLA allows specific time off for military members for reasons related to deployment.
• FMLA allows up to 26 weeks of leave within a 12-month period for the care of a service member who is injured or ill.
• In some cases, the birth of a newborn and the need to form a bond with the child could qualify you for family leave under the medical act.
• You have adopted a child.
• You are welcoming a child under foster care.

Familial relations the FMLA recognizes as immediate family

The Family and Medical Leave Act applies allows employees to take time to care for their own health or for the following members of their family:

• A biological child.
• A stepchild.
• A foster child.
• A legal ward.
• A spouse (husband or wife) as recognized by the state in which they were married, which may include common-law and same-sex marriages.
• Biological mother or father.
• Step-mother or step-father.
• Adoptive mother or father.
• In loco parentis relationships where you are the legal guardian of a child or where an individual stood in loco parentis for you when you were a child.

How to use FMLA leave and options

Qualifying employees can take up to a total of 12 weeks of FMLA leave within a 12-month period. You can take this time all at once or divide it up, depending on your and your employer’s needs. Here are some typical options:

• A single block of time: You may need to miss work for an extended amount of time if you need time to recuperate after a major surgery and will be unable to work for three to six weeks. For new parents, leave may be taken to care for and bond with a newborn or for a baby receiving care in a hospital’s neonatal intensive care unit.
• Multiple smaller blocks of time: This option applies to situations where you may be unable to perform your regular duties intermittently. For example, if you will need to go to several appointments to treat a disease or attend rehabilitation sessions after surgery, the missed days or hours will be deducted from your 12 week FMLA time.
• Reduced hours: Because of a surgery or medical condition, a doctor may require that you work a reduced amount of time per day or reduce the number of days you work per week. The reduced schedule allows you to follow medical recommendations and still secure your position at work.

Learn more: How to Cobble Together 5 Months Maternity Leave

Is it paid time off?

FMLA leave is unpaid leave. However, if you have accumulated paid time off in the form of earned sick days, vacation time, or personal time at your job, you may use those hours along with FMLA leave to still get paid. If you have paid time off, your employer may require you to use it during your FMLA leave. Check with your employer regarding their policies and procedures for requesting time off.

Learn more: How to Ask for a Day Off the Right Way

The process for requesting family leave under the medical act may vary from company to company, so consult a supervisor or the risk management department within your organization. Here are some tips to help you begin the process:

• Make plans. If it is planned leave, such as a scheduled surgery, inform your direct supervisor as soon as possible. It is a professional courtesy and will give both you and your company adequate time to plan and complete the necessary paperwork.
• Ask for guidance. For an emergency, such as a car accident, contact your employer as soon as you are able. Your supervisor or manager can tell you what to do.
• Be ready to give proof. Be prepared to provide documentation if needed. Some employers require that you provide medical certification from your healthcare provider. Medical certification is written confirmation from a medical professional or medical facility indicating that you or an immediate family member has a serious health condition that requires your absence from work for three or more days.
• Keep communications open. Although there is no directive within the FMLA that requires you to maintain contact while you are on leave, you’ll want to keep open communications for rapport and professionalism. When you return to work, the transition will be easier with employer and coworker support.

Follow company policy, communicate well with leadership and human resources, and take extra measures to ensure you and your family have everything needed to get through times of uncertainty. Know your rights under the family leave medical act to ensure your job security and remain in good standing with your employer. Tell us what its been like working for your company.