How to Get More FMLA Leave Time
The Family Medical Leave Act (FMLA) "establishes minimum federal standards and rights to unpaid leave for employees with health problems, sick family members, or for employees who are giving birth to or adopting children," according to FindLaw attorneys. The FMLA applies only to workers who have been employed with their company 12 months. Further, only employees who work for companies employing more than 50 people must comply with the FMLA. If you have already taken part of your FMLA leave time but need more, prepare the details of your request prior to speaking with your employer.
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Instructions
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Establish that you've worked the required number of hours over the past year. During the 12 months prior to taking leave, you must have worked no fewer than 1,250 hours to qualify for leave under the FMLA. Review your previous year's work history to determine whether your previous FMLA leave put you under this limit. You can find this information on your past year's pay stubs. If you cannot find this information there, talk your human resources department or office manager; she should be able to provide you with a transcript of your work history.
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Determine how much FMLA leave you've taken. If you are a full-time worker, your employer is required to give you 12 weeks of FMLA leave every 12 months. Calculate how much leave you've already taken in the preceding year before requesting additional FMLA leave time.
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Give your employer 30 days notice of your intent to take leave. Unless you are taking leave due to an immediate emergency, such as an accident or sudden illness, the FMLA requires that you give your employer notice. This may be either verbal or written. When you talk to your employer or draft your memo, detail the nature of the illness or family situation, how many weeks of leave you are requesting and the date on which you plan to begin your leave period. You do not need to mention the FMLA in your request by name, according to FindLaw.
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Show that you are taking leave for a reason permitted under the FMLA. Your employer may ask you for documentation verifying the status of the health condition or confirming the placement of a new child in your home prior to granting you more FMLA leave time. Appropriate documentation includes a signed letter from your doctor or adoption agency that explains the nature of the emergency and your relationship to the patient.
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Tips & Warnings
The list of illnesses and situations covered under the FMLA that is listed here is not comprehensive. Because the language of the FMLA allows room for interpretation, speak with your doctor and an attorney if you are unsure whether an illness qualifies for leave under the FMLA.
Once you have used your 12 weeks of leave under the FMLA, your employer is not required to grant you more leave time or guarantee that you will have a job after you are able to return to work.
If you believe you have been wrongfully terminated or denied leave, contact an employment attorney.
References
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