The Family and Medical Leave Act “FMLA”

FMLA is a useful tool if you suffer from a serious medical condition that is reoccurring or on a continuous basis.  Protect yourself against discipline for attendance by utilizing FMLA.  It is there for you.  Why not use it!  

Eligible Employees

·       Have worked for the organization for at least twelve months

·       Twelve months need not be consecutive

·       Have worked at least 1,250 hours before leave begins; an average of 24 hours per week over the previous twelve months

Qualifying Events

·       Birth of a son or daughter and care of a newborn

·       Adoption or foster care placement of a child

·       Care of the employee’s spouse, son, daughter, or parent with a serious health condition

·       The employee’s own serious health condition

·       A qualifying military exigency arising from the employee’s spouse, son, daughter, or parent’s active military duty or impending call or order to active duty.

·       To care for a covered service member with a serious injury or illness if the employee is the spouse, son, daughter, parent, or next of kin.

Please note:

·       FMLA does not distinguish between male and female parents

·       Leave may be taken by both parents concurrently or sequentially

·       Special rules may apply for spouses employed by the same employer

·        FMLA defines spouse as a husband or wife, as defined or recognized under state law for purposes of marriage.  NYS recognizes same sex marriage, so term spouse would apply; also, common-law marriage in states where it is recognized.                                                                                                                                                                                                                                                                                                    

What is a Serious Health Condition?

A serious health condition means an illness, impairment, or physical or mental condition that involves:

·       Inpatient care – an overnight stay – in a hospital, hospice, or residential medical care facility, and any period of incapacity or subsequent treatment in connection with such inpatient care, or

·       Continuing treatment by a health care provider (HCP); such as determining if a serious health condition exists and evaluations of the condition

·       Treatment for substance abuse may be a serious health condition if all the requirements of a serious health condition are met with respect to continuing treatment

·       A period of incapacity due to pregnancy or prenatal care

·       Incapacity or treatment for a chronic serious health condition

·       A period of absence to receive multiple treatments for an injury or condition, such as restorative surgery after an accident or other injury or a condition that would result in an incapacity of more than three consecutive, full calendar days if not treated

·       Absences attributable to the incapacity of pregnancy or chronic serious health conditions even though the individual may not have visited a HCP and even if the absences doesn’t last for three consecutive, full calendar days (example; asthma attack or severe morning sickness)

Chronic Conditions

·       The condition continues over an extended period of time, including recurring episodes of a single underlying condition

·       The condition may cause episodic rather than a continuing period of incapacity

TYPES of FMLA LEAVE

There are three types of FMLA leave

·       Continuous Leave – 30 days at a time

·       Reduced Leave – schedule that reduced an employee’s usual number of working hours per week or per day

·       Intermittent Leave – leave taken in separate blocks of time due to a single illness or injury

Leave used for FMLA can be a combination of sick leave, annual leave and LWOP for up to twelve weeks.  Twelve weeks is the maximum amount approved for a covered condition (excluding military) through the Family and Medical Leave Act.  A covered employer may not give less but may always give more if requested.