How to Understand Your Rights Under the Family Leave Act

The Family and Medical Leave Act allows employees to take up to 12 weeks of unpaid leave per year for family or medical reasons.

Difficulty: Moderately Easy

Instructions

1. Know that the Family and Medical Leave Act (FMLA) is a federal law enacted in 1993 designed to allow workers to take unpaid leave for the birth of a child or to care for an ill family member.

2. Understand that the FMLA applies to your company if it has at least 50 employees for at least 20 weeks of the year. All public agencies and schools must comply with the law regardless of their size.

3. Realize that you can take a leave for the birth of your own child, or if you adopt a child or take in a foster child. You may also take time to care for a spouse, parent or child who has a serious health condition. You may take time for yourself if you have a serious health condition.

4. Take up to 12 weeks leave in any size blocks of time you wish within a 12-month period.

5. Know that you will not be paid for the time you take and that your employer may require that you use up any paid leave you have available first.

6. Expect that your job, or an equivalent job, will be waiting for you when you return.

7. Continue to use your health benefits while you are away. Your employer must continue them for you without charge, as long as you return to work for at least 30 days after your leave.

8. Be prepared to give proof of the medical condition should your employer request it.

9. Give 30 days notice if you are aware of the condition. If not, give as much notice as possible.

10. Contact the United States Department of Labor's Wage and Hour Division if you have problems utilizing this law.

Who Can Help Sponsored

on 11/22/2005 You must have been employed by your current employer for 12 months to be eligible.