Family and medical leave
The law, the facts and your rights at work

The way some employers treat sick workers and their families, you’d never know there are hard-won federal laws in place against that type of treatment.   

Since 1993 the Family and Medical Leave Act (FMLA) has covered private employers with 50 or more employees and public employers, including federal, state, city and local agencies and schools.

If you need to take care of a reasonable medical or psychological need for you or a family member, your job shouldn’t be in jeopardy.  That’s why workers, through their unions, fought to pass the FMLA in the first place:  to ensure that no one would have to choose between basic family needs and keeping a job.

Some employers may attempt to get around the law because it means doing without an employee for a certain period of time.

It’s harder for them to get away with this if you know your rights.  In fact, many employers hope that you don’t know the provisions of the FMLA, so you can’t hold them accountable by enforcing it. 

The questions and answers below can help you get informed and help make sure you receive the time off you are entitled to by law.

What are the basics about FMLA that I should know?
• If you’ve been at the job for least 12 months, have worked at least 1,250 hours and have at least 49 co-workers at your work site, you can take up to 12 weeks unpaid leave to care for a child, spouse or parent who is seriously ill. 
• FMLA covers injuries and illnesses that need medical treatment and that incapacitate you or a family member for more than three days in a row.  It also covers the birth or adoption of a child.

What do I need to do to file an FMLA notification?
• Give adequate notice to your employer.  If you know about your leave at least 30 days before, you must give verbal or other notice at least a month in advance. Give notice as soon as possible.

If you don’t give adequate notice, your employer may delay your leave.  Your employer may also ask for more details  and/or medical documentation about why you need the leave of absence.

 What is the employer required to do when I submit my leave request?
• Your employer must respond to your request quickly; in many cases, within two days. If your request is valid, your employer can’t deny your leave or reduced work schedule because it’s too busy at work or because the company can’t do without you for that long.  Your employer also has to maintain your health plan benefits while you’re gone.
• FMLA leave does not have to be paid.  And you may use accrued time off during your leave. 

What can my employer legally do to me or my position while I’m gone? 
• Nothing.  Your employer may not use FMLA absences as a basis for any negative action against you. 
• When your leave is completed you must be restored to your former position or its equivalent, unless a layoff or reorganization unrelated to your leave eliminates your position during your absence and you do not have transfer or bumping rights to another position.

How can I get information about FMLA rules?   
• Your employer is required to post notices explaining the FMLA, place information about the act in employee handbooks and benefits materials, designate your absence as FMLA leave, and explain your specific rights and obligations. 
• An FMLA violation occurs if your employer refuses to allow you time off, fails to pay for health insurance, orders you to report for light duty, or fails to restore you to your former position or to an equivalent position after an FMLA leave, among other provisions.