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I Need a Leave of Absence From Work
What Do I Do?......Who Do I Ask?
By Laurie Huspen, Owner, Valuable Resources Company,
Specializing in Human Resource Consulting
Whether you are a stroke survivor, caregiver, or family member of a stroke survivor, you may have questions about a leave of absence.
Many companies use the acronym “FMLA” (Family Medical Leave Act) to allow employees time off for illness. Below are the definitions, information, and frequently asked questions regarding the FMLA.
What does FMLA mean?
The Family and Medical Leave Act (FMLA) of 1993 is a federal law which helps employees balance their work responsibilities with their family and medical needs.
The Act sets national standards for employers when providing leave for such purposes. The provisions under the FMLA say an employer with 50 or more employees must adhere to FMLA. This entitles eligible employees to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. Some employers will require you to take full use of your vacation or sick time before using FMLA.
How long does FMLA last?
The Act requires that eligible employees be allowed to take unpaid leave for a period of up to12 work weeks in any 12-month period.
Do I have to take all 12 weeks?
No, you do not have to take all 12 weeks off of work. There are three different kinds of FMLA leave:
1. Continuous FMLA leave: An employee is absent for more than three consecutive business days and has been treated by a doctor and the doctor declares a time frame to be off of work.
2. Intermittent FMLA leave: An employee is taking time off in separate blocks due to a serious health condition that qualifies for FMLA. Intermittent leave can be in hourly, daily, or weekly increments. Intermittent FMLA is often taken when an employee needs ongoing treatment for their condition.
3. Reduced schedule FMLA leave: An employee needs to reduce the amount of hours they work per day or per week, often to care for a family member or to reduce stress.
What does it mean to be “an eligible employee”?
An employee must have worked a minimum of 1,250 hours in the previous year with their current employer.
What if my employer does not have 50 employees?
If you work for an employer with less than 50 employees, the employer does not have to adhere to FMLA, but they usually have their own policy for taking a leave of absence. Visit their HR department for questions on their leave policy. Most employers will be accommodating as long as they know what the expected loss of time will be. It is VERY important that you be honest and upfront to avoid any confusion in these circumstances.
What may I take FMLA for?
The birth of a child and to care for the newborn child within one year of birth;
The placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;
To care for the employee’s spouse, child, or parent who has a serious health condition;
A serious health condition that makes the employee unable to perform the essential functions of his or her job;
Any qualifying exigency arising out of an employee’s spouse, son, daughter, or parent is a covered military member on active duty.
What are the requirements for an employee to furnish notice of a need for an FMLA leave?
An employee must provide her/his department at least 30 days advance notice before FMLA leave is to begin if the need for the leave is foreseeable.
If 30 days notice is not practicable due to lack of knowledge (such as in an emergency), notice must be given as soon as practicable.
An employee should provide notice either in person or by telephone, or other electronic means. The department will inquire further of the employee, such as information and documentation of specific problems. Notice may be given by the employee's family member (e.g., a spouse/eligible partner) if the employee is unable to do so personally.
What do I need to do to return to work?
You must provide a written release from your practicing physician confirming that you are able to return to work. If you do not have a written release, you will not be able to return to work.
Will I be allowed to return to my same job after my leave?
Generally, yes.
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 the position you held before taking 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.
Laurie Huspen, President of Valuable Resources Co. (VRC) holds a Masters Degree in Human Resources Management and has worked in the industry since 1995. Diagnosed with Cystic Fibrosis at a very early age, her parents chose to hide it from her so she could live a normal life.
Being personally affected by adverse HR policies, Laurie became an advocate of companies and employee rights and established VRC and published the book "Unveiled".
The firm serves as an avenue through which they educate and assist businesses with their HR training, policies, procedures, retention, compensation programs and regulatory compliance.
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