Family Medical Leave Act

Over the holidays I had a conversation with my sister-in-law about some time off she had to take for a health problem. Her employer had been accommodating so far, but she felt that her boss was going to hold her need for flexibility against her in some way.

I asked her if her time-off was being counted as Family Medical Leave (under the FMLA), and she didn't know what I was talking about. Her employer has more than 50 employees (in a 75 mile radius), and as a result, she is covered by the Act (she also has worked for the same company for more than a year which is also required).

The FMLA is the only federally mandated time-off that is provided to workers. Other than FMLA, an employer is not required to provide employees any time-off such as vacation and sick time. The FMLA does not provide paid leave, rather, the law protects one's job and benefits while he or she is off on a FMLA designated leave. Some employers offer partial pay of an FMLA leave by allowing an employee to use vacation or sick time to receive pay.

The law provides up to 12 weeks in a one year period for the birth or adoption of a child, one's own serious illness, or to take care of a close family member with a serious illness. The law has also been recently extended to provide some leave for employees with a close family member called to active duty in the military.

The leave may be taken all at once, such as after the birth of a child. Or, the leave may be taken intermittently. The intermittent leave is a benefit that can help someone like my sister-in-law who needs flexibility due to an illness. She could take leave increments as necessary, such as when her illness flares and she needs a day off, or when she has a doctor's appointment. If her time-off is approved as FMLA, her employer cannot hold the time off against her.

While not required by law, some employers allow employees to take part of their maternity leave intermittently. For example, a new mom could take eight weeks of leave after the birth of her child, and then take one day off each week for the next five months.

Complete details of your rights under the FMLA are available on the Department of Labor's website at www.dol.gov.