FMLA stands for “Family and Medical Leave Act. The purpose of the act is to help employees balance their work and family responsibilities by allowing them to take paid or unpaid leave for certain reasons. The Act covers both public and private employers with 50 or more employees. Employees who are covered by the act are entitled to 12 weeks of leave for certain medical and family reasons. They are also entitled to the continuation of their health insurance coverage during the leave.
What Are the Reasons an Employee Can Take Leave Under the FMLA?
An employee can take leave under the FMLA for the following reasons:
- To care for a new born child
- To adopt or foster a child
- To care for a spouse, domestic partner, parent, or child with a serious health condition
- To take military caregiver leave to care for a wounded service member or veteran
- To take leave for certain qualifying exigencies arising out of an employee’s spouse, domestic partner, child, or parent being on covered active duty in the armed forces
Do I have to fill out paperwork to get FMLA leave? FMLA paperwork includes:
1) The employee’s notice of leave; 2) A certification from a health care provider if the leave is for a qualifying medical condition; 3) An updated certification if the leave is renewed; 4) A designation notice from the employer indicating whether the leave will be paid or unpaid; and 5) Military paperwork if the leave is related to military service. Employers should have these forms available in their office or on their website. If you need help filling out any of these forms, please contact your HR department. Last but not least, keep in mind that you still need to comply with your employer’s attendance policy while you are on FMLA leave. This means that you may need to provide your employer with proper documentation even if your absences are due to a qualifying medical condition. For example, many employers require employees on FMLA leave to provide a doctor’s note whenever they miss work due to illness. It’s important to read your employer’s attendance policy carefully so that you know what documentation is required while you are on leave. Don’t forget, while you are off work on FMLA, your job is still protected! This means that when you return from leave, you should be given the same or equivalent position that you held prior to your absence. If this isn’t possible, your employer should make every effort to promote you into a position with comparable wages and benefits. Check your state laws too! Some states have their own laws governing family and medical leaves, which may entitle you to certain protections and benefits. California’s Paid Family Leave Program, for example, provides up to 12 weeks of paid leave to care for new born children or seriously ill family members.
In conclusion, all employees should fill out proper documentation before taking lawful family leave. Although different states have different laws, it is important as an employee to always know what your company’s policy is regarding leaves of absence. Keep in mind that while on legal family leave, companies may still require notes from doctors or other sources showing good cause why more time off is needed. Lastly, don’t forget that after coming back from an MLAF leave, companies must give employees the same position or have an equivalent one ready with similar wages and benefits waiting.