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.?/p>

• 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 child, or planned medical treatment.  Otherwise, you must notify your employer as soon as you can.

• 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.

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.