Family and Medical Leave Act

You may be able to take time off from work if you are seriously ill or must take time off to care for a sick child, parent, or spouse.?The Family and Medical Leave Act protects workers by allowing them to take unpaid leave to care for a new child, to care for a sick child, parent, or spouse, or when health problems keep them from working.

To Qualify for FMLA

  • You must have worked for your employer for at least one year.
  • In the past year, you must have worked at least 1,250 hours for your employer ( an average of 24 hours each week).
  • Your employer must employ at least 50 employees within 75 miles of where you work.
  • You have a new child (by birth, adoption, or foster care placement); you have a serious health condition that prevents you from doing your job; or you want to care for a son, daughter, husband, wife, or parent who has a serious health condition.
  • You must notify your employer 30 days before you plan to take leave if it is based on a foreseeable event such as giving birth, planned placement of an adopted child or foster

FMLA Benefits

  • If eligible, workers can take up to 12 weeks of unpaid leave a year.
  • The 12 weeks are available all at once or spread throughout the year. Even a couple of hours a day can count as FMLA leave.

FMLA Protection

If you take leave covered by FMLA, or request permission to be absent, it is illegal for your employer to:

  • Fire you for taking leave.
  • Refuse to give you back your job when you return from leave. Even if your position has been filled by someone else, your employer must still give you a similar and equal position.
  • Harass you for taking leave.
  • Deny your request for leave.
  • Penalize you for taking or requesting leave.
  • Stop paying for your health insurance while you are on leave.

You can give this FORM to your health care provider to fill out. Then give it to your employer to show that you should receive unpaid leave from work under FMLA for a medical problem.