Family and Medical Leave Act

FMLA generally applies to public agencies, schools and private employers with a minimum number of employees. Employees must usually have worked for the employer for a set period and a minimum number of hours, and at a worksite with enough employees nearby. Eligible workers can take up to twelve weeks of unpaid leave in a twelve-month period. Group health coverage generally continues during leave on the same terms. Your human resources department can tell you whether you meet the requirements.

FMLA leave does not have to be taken all at once. Intermittent leave allows you to take time off in separate blocks, such as for treatment days or recovery after infusions. A reduced schedule may also be possible when medically necessary. Caregivers can use FMLA to care for a spouse, child or parent with a serious health condition. Employers may require medical certification, so ask your doctor to complete forms promptly. Some employers require you to use paid leave at the same time.

When leave is foreseeable, employees generally must give advance notice, and when it is not, notice should be given as soon as practical. Follow your employer's usual procedures for requesting leave. Keep copies of requests, certifications and approvals. When leave ends, employees are generally entitled to return to the same or an equivalent job. Some states have additional family leave or paid leave programs. If you believe your rights were violated, contact the U.S. Department of Labor or an employment attorney.

1. 1

   Ask human resources whether you or your caregiver qualify for FMLA leave.

2. 2

   Request certification forms and have your doctor complete them promptly.

3. 3

   Discuss intermittent leave or a reduced schedule for treatment days.

4. 4

   Check whether your state offers paid family or medical leave in addition to FMLA.