Will I Get My Job Back?

Will I Get My Job Back?

What to do if you need to take time off to care for a loved one

All politicians say they are pro-family and now they have a law to prove it. The 1993 Family and Medical Leave Act (FMLA) stipluates that all government agencies and all private employers with more than 50 employees must provide up to 12 weeks of unpaid, job-protected leave for an employee for any of the following reasons : the birth of adoption of a child; the care of an immediate relative with a serious health condition; or medical leave for the employee if he or she is unable to work because of a serious health condition. Here, from the Labor Department's Compliance Guide to the Family and Medical Leave Act, are answers to some of the most commonly asked questions about the new law.

Does the law guarantee paid time off?

FMLA leave is generally unpaid. However, in certain circumstances the use of accrued paid leave – such as vacation of sick leave – may be substituted for the unpaid leave required by the law. FMLA is intended to encourage generous family and medical leave policies. For this reason, the law does not diminish more generous existing leave policies or laws.

Does FMLA leave have to be taken in whole days of weeks, or in one continuous block?

The FMLA permits leave for birth or placement for adoption or foster care to be taken intermittently, in blocks of time or by reducing the normal weekly or daily work schedule – subject to employer approval. Leave for a serious health condition may be taken intermittently when “medically necessary.”

Are there employees not covered by the law?

Yes. An estimated 60 percent of U.S. Workers (and about 95 percent of U.S. Employers) are not covered by the law. To be eligible for FMLA benefits, an employee must work for the employer; have worked for the employer at least 1,250 hours over the prior 12 months and work at a location where at least 50 employees are employed by the employer with 75 miles.

What do I have to do to request FMLA leave from my employer?

You may be required to provide your employer with 30 days' advance notice when the need for leave is foreseeable. When the need for the leave cannot be foreseen, you must give your employer notice as soon as practicable. You may be required to submit documentation – called a medical certification – from the health care provider treating you or your immediate family member.

These days, parental leave is practically an entitlement at the most progressive companies. Photography by Elena.

Will I be allowed to return to my same job?

Ordinarily you will be restored to the same position you held prior to the leave, with the same pay and benefits, if the position remains available. You may be restored to an equivalent position rather than to the position you held before taking the leave, if the previous position is not available. An equivalent position must have equivalent pay, benefits, and terms and conditions of employment as the original job.

Do I lose all benefits when I take unpaid FMLA leave?

Your employer is required to maintain health insurance coverage on the same terms it was provided before the leave began. In addition, the use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of your leave.

What if I believe my employer is violating the law?

You have the choice of filing, or having another person file on your behalf, a complaint with the Employment Standards Administration, Wage and Hour Division, or you can elect to file a private lawsuit.

(One of the first texts written by Elena).