The Family and Medical Leave Act (FMLA) is made to give eligible employees job-protected leave for specific family and medical reasons. Surprisingly, only about 60% of eligible employees use FMLA each year, despite its benefits. There’s still this lesser-known side of this legislation worth knowing.
Some employers fail to honor FMLA obligations and even terminate employees who take medical leave, making it understandable for some to be reluctant to take advantage of this benefit. If you believe you lost your job due to FMLA violations, the Los Angeles FMLA attorney has listed out situations where you may have legal grounds for action, helping you hold your employer accountable.
Whether due to a lack of awareness or a fear of possible outcomes, many eligible employees don’t take advantage of FMLA. That’s why we’re here to share with you its provisions and benefits through these 11 facts. So keep reading to learn more, because this information could be important for you or someone you know.
History of FMLA
On February 5, 1993, President Bill Clinton signed the FMLA into law. Its purpose was to balance the demands of the workplace with the needs of families, allowing employees to take reasonable unpaid leave for family and medical reasons. Before the FMLA, there were no federal laws in place that guaranteed job-protected leave for such situations. This act marked a significant shift in how the United States approached issues of work-life balance and employee rights.
The roots of the FMLA can be traced back to the Women’s Movement of the 1970s, which advocated for gender equality in the workplace. The momentum continued to build through the 1980s with the passage of various state-level family and medical leave laws.
It wasn’t until the FMLA was enacted at the federal level that a uniform standard was established across all states. This legislation laid the foundation for future advancements in workplace policies aimed at supporting employees during critical life events.
Eligibility Criteria
The Family and Medical Leave Act (FMLA) has criteria that specify if an individual is eligible for this workplace benefit. Here are the criteria to be eligible for FMLA:
- You must have worked for your employer for at least 12 months, although not necessarily consecutively. During these 12 months, you should have worked at least 1,250 hours. This equates to about 24 hours per week over a year.
- Your employer must have at least 50 employees within a 75-mile radius for you to qualify for FMLA.
FMLA applies to both public and private sector employees, as well as to elementary and secondary school employees. These criteria have to be met if you or a family member require leave for specific medical reasons or caregiving purposes.
Covered Reasons for Leave
The Family and Medical Leave Act (FMLA) allows eligible employees to take job-protected leave for family and medical reasons. The reasons covered for leave include:
- The birth and care of a newborn child.
- Placement of a child for adoption or foster care.
- Caring for an immediate family member with a serious health condition.
- The employee’s serious health condition makes them unable to perform their job.
- Leave related to qualifying exigencies arising from a family member being on active duty or called to active duty in the National Guard or Reserves.
- Leave for military caregiver leave to care for a covered service member with a serious injury or illness.
Duration of Leave
Under FMLA regulations, eligible employees can take up to 12 weeks of unpaid leave within 12 months for qualifying reasons. This period is measured on a rolling basis, starting from the first day you take FMLA leave.
The 12 weeks aren’t necessarily consecutive; they can be taken intermittently or on a reduced schedule basis when medically necessary. If both you and your spouse work for the same employer, your combined leave for the birth or adoption of a child, or to care for a sick parent, is limited to a total of 12 weeks. So, plan your time off effectively while still maintaining job protection under FMLA.
Job Protection
FMLA allows eligible employees to take up to 12 weeks of unpaid, job-protected leave per year for specific family and medical reasons. So, when you return from leave, you’re entitled to be reinstated to your original position or an equivalent one with equivalent pay, benefits, and other employment terms.
Job protection under the FMLA has its limits. If the company experiences significant changes, such as layoffs or reorganizations, that would have affected you even if you hadn’t taken leave, your job may not be protected. Communicating openly with your employer about your leave plans and staying informed about your rights can help protect your job during your absence.
Intermittent Leave
Intermittent leave allows you to take time off work in separate blocks of time rather than all at once for qualifying reasons. This flexibility can be beneficial for medical appointments, treatments, or flare-ups of a chronic condition. When requesting intermittent leave, you have to follow these procedures:
- Provide your employer with advance notice whenever possible.
- Keep open lines of communication to discuss how your intermittent leave will be scheduled and any changes that may arise.
- Your employer may require you to provide medical certification supporting the need for intermittent leave.
Intermittent leave is meant to help you manage your health needs while balancing work responsibilities. So, be sure to comply with these requests promptly to avoid any issues.
Employer Responsibilities
Among the employer’s responsibilities is to accurately track the leave time taken by employees, including the dates and times when leave was used, the reasons for the leave, and any relevant medical certifications.
An employer has to communicate effectively with employees regarding their rights and responsibilities under FMLA when it comes to intermittent leave. This includes providing clear information about how to request leave, the expected procedures for reporting absences, and any documentation required to support the leave. Employers must be ready to interact with workers to discuss legal accommodations or modifications relating to intermittent leave.
Employee Rights
As an employee, you have the right to take up to 12 weeks of unpaid leave within 12 months for specific family and medical reasons. Under the FMLA, your employer is required to maintain your group health insurance coverage during your leave. This means that you can continue to receive the same health benefits as if you were actively working. Your job is also protected while you’re on FMLA leave so you can return to the same or an equivalent position once your leave ends.
Health Insurance Coverage
While you’re on an approved FMLA leave, your employer must continue your health insurance benefits as if you were still actively working. They’re responsible for continuing to pay your portion of the health insurance premiums while on leave for uninterrupted coverage.
If you typically receive other benefits through your employer, such as dental or vision insurance, these may also be maintained during your FMLA leave. Still, don’t forget to confirm with your employer the specifics of how these additional benefits will be handled while you’re on leave.
FMLA Usage Statistics
According to recent data, 20% of eligible employees use the Family and Medical Leave Act (FMLA) each year for a variety of reasons, including taking care of a newborn, a family member who has a serious health condition, or their health requirements.
According to statistics, the need to care for a family member or for the birth or adoption of a child is the second most common reason for using FMLA. It is also frequently used for personal medical reasons, giving employees the necessary time off to attend to their health needs without fear of losing their jobs.
Proposed FMLA Changes
There are ongoing efforts to improve and adapt the FMLA to better serve the evolving needs of employees and their families. Potential updates to the Family and Medical Leave Act (FMLA) reveal a range of proposed changes that could impact how employees access and benefit from this leave policy.
- Expand FMLA coverage to include more businesses and employees. This change could potentially extend the protection of job security and leave benefits to a broader scope of workers.
- Expanding the reasons for which employees can take FMLA leave. This could cover additional situations such as parental involvement in school activities or addressing domestic violence issues.
- Suggestions to increase the duration of leave available under FMLA, allowing employees more time to address their medical needs or care for a family member.
- Some proposals aim to increase job protections for workers who take intermittent leave, so they aren’t penalized for using FMLA in a way that suits their medical requirements. These proposed changes highlight the ongoing efforts to improve and adapt the FMLA to better serve the evolving needs of employees and their families.
Conclusion
The Family and Medical Leave Act (FMLA) offers protections for employees needing time off for family and medical reasons. Eligible employees can take up to 12 weeks of unpaid leave while still maintaining their job security and health insurance coverage.
Knowing the eligibility criteria, covered reasons for leave, and duration of leave can help employees handle the FMLA process and give them the time off they need.
