Inflammatory Breast Cancer Research Foundation

Question

What is the Family Medical Leave Act and can it help me?

Answers

The U.S. Department of Labor’s Employment Standards Administration, Wage and Hour Division, administers and enforces the Family and Medical Leave Act (FMLA) for all private, state and local government employees, and some federal employees. The federal 1993 Family Medical Leave Act can be of tremendous benefit to those either battling cancer or those caring for a family member.

Q: What is the FMLA?

1. the purpose of the act is to balance the demands of the workplace with the needs of families
2. to entitle employees to take reasonable leave for medical reasons, or for the care of immediate family members

Q: Who does the act cover?

1. all private employers, including non-profit organizations, with 50 or more employees
2. all public employers, including federal, state, city, and local agencies and schools

Q: What does it cover?

1. gives employees the right to take up to 12 weeks of medical leave each year on a consecutive or intermittent basis
2. the right to take up to 12 weeks of family leave each year to care for a seriously ill child, parent, or spouse
3. the right to a part-time work schedule when necessitated by medical problems or to care for an ill family member
4. the right to decline a light-duty job for the first 12 weeks of an injury or illness (this means that if you tell your employer you need FMLA time off work, he/she can’t come back and require you to remain, but take a light duty job)

NOTE: FMLA prohibits employers from penalizing employees who miss work for qualified reasons. FMLA absences cannot be used as points under an attendance policy, as a reason for denying a pay increase or promotion or in any other negative manner.

Q: Who is eligible?

1. you work for a covered employer
2. you have worked for this employer for at least 12 months or 52 weeks (does not have to be consecutive)
3. you have worked at least 1,250 hours over the prior 12 months (BUT see note below*)
4. you work at a location where 50 or more workers are employed, OR
   where the number of workers within 75 miles is 50 or more.

NOTE: It is your employer’s responsibility, once you have requested leave, to notify you within 2 business days if you do not qualify because you lack sufficient hours. If he/she does not, then you are considered covered even though you lack the required hours. Note also that when you request the leave, you do not have to mention the FMLA law.

Q: In practice, how does this work?

One aspect of the FMLA is the protection it offers for insurance coverage. For instance, many employee benefits programs provide for either full coverage for full time employees, or some form of reduced coverage for part time employees. In some cases, when a person uses up all of their sick days, they have to take unpaid days. Because they then worked fewer hours than defined in their contract as “a full time employee” they could have been dropped to less than full medical benefits, which could be a financial disaster; BUT, if the person calls these unpaid days FMLA days, it will protect their insurance coverage.

In another example, a factory employee needed to take half days from work for a period of six weeks in order to receive radiation treatments. Even though her employment contract specifically prohibited half-day absences for health appointments, the FMLA supercedes such contracts. Her employer was required by law to allow her to take half days.

If you need more information, contact the Work Rights Press, or find one of the numerous sites on the web that has readily available information on this law.

While the federal government protects your job under the FMLA, it does not grant you a paycheck during this leave. For that you need to have either Short or Long Term Disability insurance or qualify for Social Security disability. In many cases there is no STD or LTD insurance and an unpaid leave is out of the question no matter what the Federal government guarantees.

All employees must fully understand their obligations under FMLA also. They cannot assume that they are automatically covered under FMLA. Also, if, prior to the leave, you paid a portion of your medical
coverage, you will still be responsible for that portion during FMLA - your employer is only required to maintain coverage as if you were still working which means they are only required to pay whatever portion of your coverage they paid prior to your leave. Please be aware that there are forms that should be completed that will protect the rights of both employee and employer. Insist on making sure that your agreement with your employer is in writing and that you have a copy of it.

If you are interested in finding out more about FMLA, the best place to start looking is the Dept. of Labor, Wage & Hour Division who are responsible for the enforcement of FMLA. Their website can be found at http://www.dol.gov/dol/topic/benefits-leave/fmla.htm and more fully explains the act, including the employee’s responsibility. Then talk to your Human Resource people.

If you think you are eligible for this, or you feel you have been unfairly treated by your employer, you should discuss this with your union representative or visit one of the government’s websites to learn more about your rights; click here for the website of the Department of Labor, Wage & Hour Division.

The above information are excerpts taken directly from a manual titled “The FMLA Handbook”, written by Robert M. Schwartz, 1996 edition, Work Rights Press. Copies of this can be ordered by calling Work Rights Press, 1-800-576-4552. A new edition was scheduled for May 2001 with slight revisions.