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How to Understand the Family and Medical Leave Act

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By Natasha Jackson
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The Family and Medical Leave Act of 1993 (FMLA) is a labor law that allows employees unpaid leave in the event they need time to take care of personal family matters. The Act is very specific in which circumstances are allowable under the FMLA, but it safeguards the employee from losing his or her job while on leave. Intended to allow families to balance career and family without being penalized, the FMLA was initiated by a non-profit women's group.

Difficulty: Moderately Easy
Instructions
  1. Step 1

    Know the history of the Act. The Family and Medical Leave Act was originally drafted in an effort to promote equality in the workplace. The rationale behind this act is that if companies cannot penalize employees who need time to take care of a sick family member or their own illness or childbirth, men and women can both take time away from work. This gives women the option of continuing their career even after they've started a family, which is a necessity given the high cost of living.

  2. Step 2

    Research how much time you have. The FMLA allows each employee up to 12 weeks (3 months) of unpaid leave in a one year period. This leave can be used all at once as well as intermittently to accommodate family emergencies as they arise throughout the year.

  3. Step 3

    Know the specifics. The Family and Medical Leave Act allows unpaid leave for very specific purposes. Before requesting leave under the FMLA, familiarize yourself with the specifics, they are:
    -Birth of the employee's child as well as care of that child following birth.
    -Adoption or foster care of a child by employee.
    -To care for a sick child, spouse, or parent by the employee.
    -An illness that makes it difficult for the employee to perform duties specific to his or her position.

  4. Step 4

    Consider your benefits. Under the FMLA, employees can still take advantage of health care benefits offered by the employer. However, under this act the employee has the option of paying the employee's portion of the insurance premiums as they go, or when they return to work.

  5. Step 5

    Know your rights upon return to work. Arguably the most important aspect of the FMLA is that it allows employees to return from leave at the same pay, same or equivalent position, benefits, and all other terms of the employee's position. Originally the Family and Medical Leave Act was intended to prevent women from suffering the consequences of balancing a career and a family.

Tips & Warnings
  • Unpaid leave must be requested at least 30 days in advance.
  • FMLA also applies to federal and state employees.
  • You must work for the company at least 12 months and 1,250 hours before requesting leave.
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