The Employee Benefits of FMLA
The Family and Medical Leave Act (FMLA) provides you with 12 weeks of leave per year. Your employer does not have to pay you for the time you are off work, but he must hold your job -- or a job of equal status and pay -- and cannot cancel your group health benefits while you are on leave. If you keep your health benefits, you must continue to pay the premiums as required by your employer.
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Eligibility
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If your employer has more than 50 employees for 20 workweeks or more in a year, she must provide leave for you and your coworkers. If you work for a small division of a larger corporation, the government typically counts all employees for the corporation to determine if FMLA is applicable. You must have worked for your employer for a minimum of 12 months to be eligible for leave under the FMLA. The 12 months do not have to be consecutive, but you must have 1,250 hours of paid work within the previous 12 months.
Pregnancy and Childbirth
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There are several reasons that you can use to request a leave of absence under the FMLA. You can request leave because of a pregnancy that leaves you incapable of performing your job or because of the birth of your child. If both parents work for the same employer, you can request leave at different times after the birth to stretch out the amount of time that a parent is available to care for the baby. Leave is also available to you if you adopt or foster a child.
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Serious Health Condition
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You can request leave if you need to care for your spouse, child or parent who is suffering from a serious health condition. You can also request leave if you have a serious health condition. The condition can be an illness, physical or mental impairment or injury. To qualify, the condition must require an overnight stay at a medical facility or continuing treatment for a condition that prevents you or your family member from working, going to school or performing daily activities. Depending on the conditions of your employer, the condition might have to incapacitate you for a minimum of three consecutive days and require at least one visit to a medical provider.
Considerations
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To take an FMLA leave, when possible, you must provide your employer with at least 30 days' notice of your intent. If the reason for your leave arises suddenly, you must notify your employer as soon as you can by your employer's normal method of notification. Your employee handbook should include a section on the FMLA and the proper procedure for your employer. You do not have to take your leave all at once. You can break up the time or work reduced hours when necessary.
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