Federal FMLA Rules

Under the Family and Medical Leave Act (FMLA) of 1993, workers are entitled to take additional days off from work due to a severe illness or injury. Workers are afforded the opportunity to tend to these medical conditions without risking the loss of their jobs for excessive absenteeism. Employers who deny FMLA eligible employees the right to take a medical leave of absence are subject to legal action. Similarly, employees who file fraudulent claims can be fined or imprisoned, as this is a criminal offense.

Types of Illness

FMLA recognizes that certain physical and mental illnesses qualify as serious health conditions which are capable of interfering with someone's capacity to function on a daily basis. Specifically, FMLA considers those who are unable to perform the essential functions of their jobs to be incapacitated. This incapacity may result from the illness itself, recovery from the illness or the treatment used to treat the illness.

Family Members

In addition to their own health, employees may be eligible to take time off from work to care for an immediate family member who is incapacitated from a serious medical condition. Caring for a family member's physical, psychological and personal needs while they are unable to do so may require changes in work hours or schedule. A reduction in hours or a leave of absence are both recognized under FMLA. Caring for a child after giving birth, adopting a child or taking on a foster child are also valid reasons for which FMLA is granted.

Form

Employees who request to change their work hours or stop working altogether for a specified period of time due to a serious medical condition can apply for FMLA through their employer. Employees are given a form to submit to their doctor for completion. The doctor must demonstrate not only the seriousness of the condition, but also that it has resulted in the inability to continue working. The frequency and types of treatments as well as the anticipated duration of incapacity are also requested from the doctor.

Time Frame

Eligible employees are provided up to 12 weeks in any given 12 month period. This time can be taken all at once or intermittently throughout this period depending on the nature of the condition. Time off can be taken for doctor's appointments, physical or psychological therapy or simply resting as medically indicated. Employees should provide employers with advance notice of absences of at least 30 days for anticipated appointments.

Benefits

Employers typically require employees to exhaust their sick days first before using FMLA time. Also, employers are not required to pay employees while on FMLA time. However, an employee's health benefits must remain the same, therefore providing coverage at the level they would have if they were not on leave.For extended absences, employees can also file for short-term disability (STD) through their employer or the state. STD has a maximum coverage period of 6 months and can be used concurrently with FMLA.

References

• http://www.dol.gov/esa/whd/fmla/
• http://www.employer-employee.com/fmla.html

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