Family & Medical Leave Act Regulations

Under the Family Medical Leave Act, employees may take leaves of absence to take care of certain issues pertaining to their personal health or the health of their immediate family members. The Family Medical Leave Act protects the employee's rights and entitles him to certain monetary and job-related benefits.

Guidelines

Qualifying workers may take up to 12 weeks of unpaid leave under the Family Medical Leave Act during any 12-month period. When the leave is due to a reason other than employee illness, workers must provide their employer with at least 30 days notice that they will be taking leave. In cases of emergencies, workers should inform their employer of their intentions as soon as possible. Generally, an employee must have worked for a company for no less than one year to qualify to take an absence under the Family Medical Leave Act.

Protections

Under the Family Medical Leave Act, workers who take absences for approved reasons are entitled to a job once they return to work. Although the law does not specify that the employee is entitled to the job she had prior to taking the leave of absence, she is guaranteed a position with the same status and pay. Employees are also entitled to maintain their health benefits while they are on an approved leave.

Growing Families

Employees may take a leave of absence under the Family Medical Leave Act to care for a newborn child that was born to the employee or his spouse. Likewise, if the worker adopts a child or has a foster child placed in his home, he may take leave under the act. Women may also take leave under the Family Medical Leave Act during pregnancies.

Medical Care

If an employee's child, spouse or parent becomes seriously ill and requires care, an employee may take time off under the Family Medical Leave Act to help them meet their medical needs. Employers may ask their workers to provide written verification of their family member's illness and have it signed by a medical professional.

Health Problems

When an employee becomes seriously ill and cannot perform her regular work due to the condition, she may take leave under the Family Medical Leave Act. To qualify, the worker's illness must require treatment from a health care provider, such as a doctor or visiting nurse, at least twice per year. According to the Family Medical Leave Act, the illness must also be an ongoing condition, but may be episodic.

Resources

• Family Medical Leave Act: Frequently Asked Questions