Who’s Eligible for Family and Medical Leave from Work?
Find out which employees can leave work under the FMLA.
Laura Adams, MBA
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Who’s Eligible for Family and Medical Leave from Work?
What is the Family and Medical Leave Act (FMLA)?
The Family and Medical Leave Act is a U.S. federal law that went into effect in 1993. It allows eligible employees to leave work for up to 12 weeks during a 12-month period for the following situations:
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to care for your new baby or adopted child
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to care for a foster child
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to care for an immediate family member with a serious health condition
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to have medical treatment and time to recover if you have a serious health condition
The FMLA also allows for the leave needed when a family member is called to active military duty. Additionally, it also provides up to 26 weeks of leave during a 12-month period to care for someone in the armed forces who has a serious illness or injury.
Are You Paid During FMLA Leave?
Time off from work under the Family and Medical Leave Act is unpaid, but in some circumstances, such as when you need ongoing medical treatments, you may be able to take leave intermittently, allowing you to work part-time. If you’ve accrued paid vacation or sick time, you can generally substitute paid days for some or all of your unpaid FMLA leave when you comply with your employer’s normal leave policy.
Who is Eligible for FMLA Leave?
To be eligible to take advantage of the Family and Medical Leave Act there are three requirements:
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You must work for an organization that employs at least 50 workers within 75 miles of your work location. Those 50 employees must be on the payroll during 20 or more work weeks in the current or preceding calendar year. That includes public agencies, schools, and private sector employers.
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You must have worked for a covered employer for a minimum of 12 months. They do not have to be consecutive months.
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You must have worked a minimum of 1,250 hours during the 12 months that precede the start of your leave.
Employer Rights Under the FMLA Law
Employers also have rights under the FMLA. You have to give a 30-day advance notice before taking leave for a foreseeable event, such as the birth or adoption of a child. If you’re taking leave to care for a family member with an illness or to recover from your own illness, you’re not required to give an employer your medical records—but they may lawfully require you to provide a certification from a health care provider that substantiates your illness or the illness of the family member. An employer can even require a second or third medical opinion and the periodic recertification of a serious health condition, at their expense. Additionally, if an employer thinks that your return to work, (after your leave for an illness has ended), may be unsafe, they can require you to submit a medical certification to prove that you’re healthy enough to resume work.
Employee Rights Under the FMLA Law
[[AdMiddle]When you take an FMLA leave, there are certain rights you’ll be guaranteed. One is that if you continue to pay for your workplace benefits, such as heath or life insurance, they can’t be canceled while you’re away. And when you return to work you have the right to the same job, or one with equivalent pay and benefits, as the one you had before you took leave.
It’s against the law for any employer to fire you or to discriminate against you for taking FMLA leave. However, there is an exception for “key” salaried employees in circumstances in which restoring someone’s job after a leave would cause a serious economic hardship for a company. In those situations, an employer must notify you in writing that you’re considered a “key” employee (as defined by the FMLA) and explain why they won’t allow you to return to work if you take leave.
If you believe your rights regarding the Family and Medical Leave Act have been denied, you can file a complaint within two years of the violation with the U.S. Department of Labor’s Wage and Hour Division. Find out more about FMLA compliance by calling 1-866-4-USWAGE (1-866-487-9243) or by visiting wagehour.dol.gov.
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More Resources:
Military Frequently Asked Questions (PDF)
Non-Military Frequently Asked Questions (PDF)
Wage and Hour Division Website
FMLA Compliance Guide
Wage and Hour Division Contact Information
Businesswoman image courtesy of Shutterstock
About the Author
Laura Adams received an MBA from the University of Florida. She’s an award-winning personal finance author, speaker, and consumer advocate who is a frequent, trusted source for the national media. Money-Smart Solopreneur: A Personal Finance System for Freelancers, Entrepreneurs, and Side-Hustlers is her newest title. Laura’s previous book, Debt-Free Blueprint: How to Get Out of Debt and Build a Financial Life You Love, was an Amazon #1 New Release. Do you have a money question? Call the Money Girl listener line at 302-364-0308. Your question could be featured on the show.