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Family and Medical Leave Act

Overview

Covered employers must grant an eligible employee up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons:

• for the birth and care of the newborn child of the employee;
• for placement with the employee of a son or daughter for adoption or foster care;
• to care for an immediate family member (spouse, child, or parent) with a serious health condition; or
• to take medical leave when the employee is unable to work because of a serious health condition.

Your job is protected by law - yes, there are guidelines you must meet to be qualified-

• FMLA is NOT paid leave
• In order to be eligible to take leave under the FMLA, an employee must
  • (1) work for a covered employer,
    
  • (2) work 1,250 hours during the 12 months prior to the start of leave,
    
  • (3) work at a location where 50 or more employees work at that location or within 75 miles of it, and
    
  • (4) have worked for the employer for 12 months.
    
    • The 12 months of employment are not required to be consecutive in order for the employee to qualify for FMLA leave. The regulations clarify, however, that employment prior to a continuous break in service of seven years or more need not be counted unless the break in service is (1) due to an employee’s fulfillment of military obligations, or (2) governed by a collective bargaining agreement or other written agreement.
• You must have written documentation from a medical professional documenting the reason why you would need to be absent from your job for any extended length of time.

SO MANY PEOPLE FEEL THAT THEY HAVE TO CHOOSE BETWEEN GOING TO WORK OR MAKING IT TO A DOCTORS APPOINTMENT OR CARING FOR A SICK FAMILY MEMBER OR PROVIDING HELP OR SUPPORT TO YOUR LOVE ONE IN THE MILLITARY. SOME FEEL IF THEY TAKE THE TIME OFF THE MAY LOSE THE JOB OR THE POSITION THAT IS NOT THE CASE SINCE 1993.

Family and Medical Leave Act

Overview

Covered employers must grant an eligible employee up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons:

• for the birth and care of the newborn child of the employee;
• for placement with the employee of a son or daughter for adoption or foster care;
• to care for an immediate family member (spouse, child, or parent) with a serious health condition; or
• to take medical leave when the employee is unable to work because of a serious health condition.

Key News

• The Department of Labor's Wage and Hour Division published a Final Rule under the Family and Medical Leave Act. The final rule became effective on January 16, 2009, and updates the FMLA regulations to implement new military family leave entitlements enacted under the National Defense Authorization Act for FY 2008. It also includes revisions in response to public comments received on the proposed rule issued in February 2008. The Federal Register Notice and related documents are available at Wage and Hour's FMLA Final Rule website. (November 17, 2008).
   
• The President signed into law H.R. 4986, the National Defense Authorization Act for FY 2008 (NDAA), Pub. L. 110-181. Among other things, section 585 of the NDAA amends the Family and Medical Leave Act of 1993 (FMLA) to permit a "spouse, son, daughter, parent, or next of kin" to take up to 26 workweeks of leave to care for a "member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness." The NDAA also permits an employee to take FMLA leave for “any qualifying exigency (as the Secretary [of Labor] shall, by regulation, determine) arising out of the fact that the spouse, or a son, daughter, or parent of the employee is on active duty (or has been notified of an impending call or order to active duty) in the Armed Forces in support of a contingency operation.” By its express terms, this provision of the NDAA is not effective under the Secretary of Labor issues final regulations defining “any qualifying exigency.” Additional information and a copy of Title I of the FMLA, as amended, are available on the FMLA NDAA Web site. (January 28, 2008)

I am a single mother of a 13 year old child who was diagnosed in Sept. of 08 with bipolar disorder. I have a full time job, but had to take fmla, because he was suspended in november, went back to school on Jan 7th and was again suspended today (Jan 13). He has been hospitalized twice since October. I am not getting paid for the time I have had to take off. He is probable going to get expelled from school and I can't find a babysitter for a 13 year old. I am in desperate need of financial assistance. Please help.   Thank You