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FMLA (Family Medical Leave Act)

Is anyone familiar with this? How does it work? Does the employer offer it to you or do you have to ask for it? I am currently taking care of my father-in-law as he just had a quadruple bi-pass surgery and a friend of mine mentioned this Act, but she was not up-to-date on all the ins and outs.


Asked by Queenofscrap at 12:02 AM on Jan. 16, 2011 in Money & Work

Level 26 (26,231 Credits)
This question is closed.
Answers (16)
  • Well, the basic reason behind the FMLA is that you are basically excused of the absence. So, lets say you get sick in a few months from now, a cold thats got you down, (lets hope not), but, then you can use leave and you wouldnt get penalized for using this other leave that you used for your FIL,,Does that make sense? Its basically to cover your butt when it comes to taking care of family members who need you to be off with them. So later down the road, it cant go against your attendence record. You can still apply for it. I applied for it and was turned down b/c of time verification records. It was for me only and I didnt get the paperwork in on time.

    Answer by beyondhopes at 12:38 AM on Jan. 16, 2011

  • You have to ask for it and you may or may not be qualified depending on how long you have been with your employer, if you are fulltime or part time and if your employer has enough employees to have to follow FMLA. Check with the HR department of your place of employment or google FMLA.

    Answer by tyfry7496 at 12:04 AM on Jan. 16, 2011

  • FMLA is the federal law protecting your job in case of a (genearlly) medical need. To be covered under the law, your employer must have at least 50 employees in a single location, or between mutliple locations within a 75 mile radius. In order for you to qualify, you cannot be an "essential" employee-- generally reserved for CEOs and other executive positions, or if you are the only person who can do a particualr job.

    The law applies for you to take the leave for yourself or an immediate family member, which includes your spouse, children, parents, adn I believe grandparents.

    The law does not require the employer to pay you for the up to 12 weeks you can take off. In a non-emergent situation, you are required to provide notice (30 days i think).

    You should also check the local state laws, as they usually apply to employer much smaller, and in some cases, can extend the time off.

    Answer by Busimommi at 12:07 AM on Jan. 16, 2011

  • You must have worked for a consecutive 6 months, or have worked the equivalent in the last 12 months of employment.

    You must obtain documentation from a medical provider as to the need.

    The employer is required to hold your position, but may terminate your position if you do not return to work in the alloted time. The employer (I think) is required to continue any benefits, such as health care. The employer is not required to continue to advance you if you are in an "auto"advancing position.

    The 12 weeks can be taken either during a consecutive 12 months, in a calendar year, or othe rmethod of defined calculation. However, this method must be established prior to the leave, otherwise is interpreted in the worker's favor.,

    Good luck!

    Answer by Busimommi at 12:09 AM on Jan. 16, 2011

  • U don't have to use all 12 at once.

    Answer by dancer at 12:26 AM on Jan. 16, 2011

  • My cousin had some complications with a pregnancy and she had to ask for it. She had to go through her Dr. and the state it took her a long time and she had a lot of problems getting it.

    Answer by L0vingMy3Girls at 12:04 AM on Jan. 16, 2011

  • Once you get the form take it to the doctor for him or her to fill out, make copies!!! Then take it back to your employer and or HR Dept, depending where your boss tells you to take it. HR will approve or disapprove and then you need to go back to the doctor to have it changed as per HR's request.

    Answer by beyondhopes at 12:08 AM on Jan. 16, 2011

  • Goggle FMLA... you will find tons of info on what your rights are. You have to apply, or ask you employer for it!!


    Answer by Crafty26 at 12:09 AM on Jan. 16, 2011

  • You have to be in a qualified employment and that means thathas to have a certain number of employees. You can pull the act down on the internet to check the specifics. I thtink has to have over 50 employees. You have to ask for the FMLA time and you need a doctor's note to indicate you need the time to care for your FIL or to take to doctor appoiintments, etc. This is unpaid leave not paid leave. You can probably take sick leave if you ahve it. FMLA can be full-time leave or part-time leave or some flexibility. Get so much time and then thatis within the year. To qualify again, have to meet certain criteria. Must also work so many hours in the previous yar so it is more than 3/4 time I believe or thereabouts. Teachers do qualify by law. So it is a certain number of hours in the previous 12 months. Must qualify by your hours worked in previous year and by the employer's number of employees. Leave can be intermitt

    Answer by Sweet_Carol_126 at 12:14 AM on Jan. 16, 2011

  • I am a teacher and have been employed over ten years...currently, I am on a leave of absence for 3 would it be best to just stay on the leave and/or apply for the FMLA. Do you have to take all 12 weeks for the Act or can I just use the 3 weeks?

    Comment by Queenofscrap (original poster) at 12:16 AM on Jan. 16, 2011