What Qualifies for FMLA?
If you or a member of your family becomes seriously ill, it may be impossible to go to work every day until the crisis is past. In 1993, Congress passed the Family and Medical Leave Act to protect the jobs of workers facing such medical problems. The FMLA requires covered employers to grant leave, to return you to your old job or an equivalent position, and to continue your health benefits while you are on leave.
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Employers
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Not all jobs qualify for FMLA coverage. Private sector employers such as businesses and nonprofit organizations must grant FMLA leave if they have 50 or more employees. All public sector jobs are covered, whether the government agency is federal, state or local. If you teach in a public or private primary or secondary school, your job qualifies for FMLA coverage.
Workers
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To be eligible for FMLA leave, you must have worked for your current employer for a year or longer. In addition, you have to have worked 1,250 hours or more during the preceding 12 months. Provided you meet these requirements, you can take up to 12 weeks of unpaid leave each year for a qualifying reason. Employers may count FMLA leave time against accumulated paid leave time, but must pay you if they do so.
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Reasons for Leave
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You can take FMLA leave if you become seriously ill, of course. However, you can also qualify for FMLA when you must stay home to care for a sick child, spouse or parent. FMLA rules also allow you to take time off for complications due to pregnancy, or to care for a newborn within a year of the birth. If a foster or adopted child joins your family, you may take FMLA leave to provide an adjustment period. If problems arise due to a family member's military service, you may be able to take FMLA leave to deal with such exigencies. Finally, FMLA leave can be extended to 26 weeks per year if you must stay home to care for a family member who is a member of the military and who is sick or injured.
Process
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Employers establish specific policies and procedures under Department of Labor guidelines to determine what qualifies for FMLA. These policies may vary somewhat from one employer to another. In general, you must provide up to 30 days advance notice that you want FMLA leave, if possible. If the need isn't foreseeable, you are supposed to tell your employer as soon as you can. Normally you must obtain a signed certification from your health care provider to document the medical need for requesting leave. Employers may require a second opinion, but must pay the added cost, and may ask for recertification from time to time if the leave covers a long period of time.
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