What is FMLA?

If you’re expecting a baby or your family is experiencing some medical difficulties, you might be wondering whether or not you qualify for the Family Medical Leave Act (FMLA). The FMLA has been a part of U.S. law since 1993. It enables those workers who qualify to take medical leave for a specified amount of time without losing their group health insurance through their employer and without losing their job.

What FMLA Is and Is Not

The Family Medical Leave Act does provide some job protection and security to workers in case of certain life events or medical crises. It does not, however, offer paid leave. It offers only unpaid leave for a specified amount of time, usually up to but not exceeding 12 weeks. In certain cases, an employee might be asked to use up any paid leave they still have left (such as vacation or sick days) as part of their family medical leave.

How Does FMLA Differ for Family Members of Veterans?

The FMLA is also not an absolute guarantee that you will keep the same exact job you had before taking leave, although workers are provided legal protection that assures them that if they are given a different job, it will have to be an equivalent job. That means equivalent in several ways, including type of work, hours, pay and benefits.

Who Can Qualify for FMLA

The law is very clear and specific about who can qualify for benefits under the Family Medical Leave Act FMLA. You can visit the U.S. Department of Labor to learn more about the act and to read answers to some of the most frequently asked questions about it. In order to qualify for leave, a worker has to meet several criteria and of course must work for an employer that has also met certain criteria. Even if your employer is covered, you don’t automatically qualify for the leave as soon as you start working for the company. You must have worked for the company for a total of at least 12 months, and for at least 1,250 hours during the year prior to the beginning of leave.

People often associate childbirth with the FMLA, and that is one of the ways in someone can qualify for the leave. The law provides this time as opportunity to bond with a newborn baby who has joined a family either by birth or by adoption.

How Does a Babies in the Workplace Program Work?

However, the act also covers other situations, including a serious health condition experienced by either the worker or a close member of the worker’s family. A close member of the family is generally defined as a parent, a child or a spouse. In general, you cannot take this kind of leave if you are caring for an in-law. If the family member you are caring for is a servicemember, then you may be eligible to take up to 26 weeks of leave within a year and still, under this act, keep your job.

As you can see just from this brief overview, there are a many restrictions and qualifications regarding the FMLA. You will want to read up on the subject and also speak directly with your employer if you think that you might qualify for the Family Medical Leave Act (FMLA).