3 protections afforded under FMLA
Dealing with a family emergency should not result in a job loss. When you need time away to deal with a personal crisis, your job status should remain protected.
The Family Medical Leave Act is a federal mandate that requires qualifying businesses to allow employees time away without reproach. Learn about three protections FMLA grants workers.
1. Covered conditions
If you face a serious illness or injury, you may take a leave of absence under FMLA. Likewise, if a spouse, partner, child or parent needs medical care, you may exercise the same option under FMLA. Having or adopting a child, regardless of your gender, gives you the opportunity for leave within the first year of birth or placement. If your spouse, child or parent is active duty military and suffers a severe injury, you may take time away from work to provide care.
2. Leave parameters
Under FMLA, you may take up to 12 weeks of leave in 12 months. During this time, you will not receive a paycheck, but your medical insurance coverage shall continue. You may take this leave in varying chunks as required by your circumstance. If you are caring for an injured service member, you may take up to 26 weeks.
3. Job security
When it comes time to return to work, you may wind up back in your previous position. However, in some circumstances, your employer may have filled it with someone else. FMLA protects your job status, not your exact position. As long as your employee gives you a comparable position with equal pay and benefits, they have fulfilled the requirements.
When your personal life needs your undivided attention, you have the right to give it. Under FMLA, your employment should remain intact for that time when you may return.