Important Employee Rights and How to Use Them: The Family and Medical Leave Act
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Since President Clinton signed the Family and Medical Leave act in 1993, it has remained the singular set of federal protections for family and medical leave from work.
Recent research from the National Partnership tells us that nearly 15 million workers take FMLA leaves each year. With that understanding in mind, it is important to know how the FMLA works so you can make it work for you.
What is the Family and Medical Leave Act?
The Family and Medical Leave Act requires covered employers to provide employees with up to 12 weeks of job- and benefits-protected unpaid leave for the following situations:
The birth or adoption of a child and to bond with a new child
To care for a seriously ill or injured spouse, parent, or child
To address their own health condition
To care for a service member (up to 26 weeks) or address needs related to a family member’s deployment
Who does it apply to?
The FMLA covers private employers with at least 50 employees. If you work for an employer with fewer than 50 employees, the FMLA does not cover you.
Your state may have family and medical leave laws that cover you. Unfortunately, the state of Texas does not have its own comprehensive family and medical leave program.
Government agencies (including local, state and federal employers) and elementary and secondary schools are covered by the FMLA, regardless of the number of employees.
If you work for an FMLA-covered employer, you must still meet certain requirements to be eligible:
First, you must have worked for your employer for at least 12 months. You do not have to have worked for 12 months in a row, so seasonal work counts. If you have a break in service that lasted more than seven years, you cannot count the period of employment prior to the seven-year break.
Second, you must have worked for the employer for at least 1,250 hours in the 12 months before you take leave. That works out to an average of about 24 hours per week over the course of one year.
Lastly, you must work at a location where the employer has at least 50 employees within 75 miles of your worksite.
What are some of the most important things to know about FMLA?
The United States Department of Labor published a helpful employee guide for the FMLA. If you find that you are eligible for the FMLA or have the potential to become eligible, use this guide for more information! In the meantime, start by reading the highlights below:
If you have personal or group health insurance through your employer, the FMLA requires them to continue your health insurance as if you were not on leave.
You can take FMLA leave as either a single block of time or in multiple, smaller blocks of time if medically necessary. You can also take leave on a part-time basis if medically necessary.
FMLA leave is unpaid leave. However, you may use any paid sick time, vacation time, personal time, etc., saved up with your employer in conjunction with your FMLA leave. In order to use such leave, you must follow your employer’s normal leave rules, such as submitting a leave form or providing advance notice.
Sometimes your employer can require you to use your paid time off during your FMLA leave, so make sure you check your policies and understand your options beforehand.
How do I request leave?
If you know in advance that you will need FMLA leave, you must give your employer at least 30 days notice. If you learn of your need for leave less than 30 days in advance, you must give your employer notice as soon as you can (generally either the day you learn about the need or the following work day).
Your employer must let you know whether you are eligible for FMLA leave within five business days. If you are eligible, your employer must provide you with your FMLA rights and responsibilities, as well as any request for certification. You must then provide a completed certification to your employer within 15 calendar days.
The medical certification must include some specific information, such as:
Contact information for the health care provider
When the serious health condition began
How long the condition is expected to last
Appropriate medical facts about the condition (which may include information on symptoms, hospitalization, doctor visits, and referrals for treatment)
Whether you or a family member is in need of care
Whether you need leave continuously or intermittently
Unfortunately, while the FMLA helps many people, the eligibility requirements are extremely limiting and can target minority workers, many of whom work for employers with under 50 employees. The lack of paid leave hinders economic growth in several ways and prevents many FMLA-eligible employees from ever taking the leave they’re entitled to.
Fortunately, there's a lot you can do to combat this unfair social infrastructure:
Simply knowing about the act and what the requirements are for eligibility can save you and a loved one from unnecessary stress. Begin keeping a personal log of the hours and locations you’ve worked for your employer. This record will allow you to create a plan to reach your eligibility requirements at a pace that works for you.
If you find you are already eligible, this record will help you move confidently through the process of receiving leave whenever you are ready.
If you find you are ineligible and your employer does not have a separate leave program in place, it may be in your interest to look into unionization.
A union uses the power of the collective or group to negotiate better work conditions. If a majority of employees help you negotiate with your employer for a leave program, then you might achieve your goal without an official union. Remember to approach your employer from a place of respect and understanding. Read here for more information on your right to unionize!
As Texas doesn’t have a specific leave program in place, it is always helpful to contact your local elected officials to ask for the creation of a Texas-based leave program or to contact your federal representatives to ask for changes to be made to the existing FMLA. Check here for information on who your elected officials are and how to contact them!
Though the FMLA largely fails to meet the needs of today’s economy and workforce, it’s important to remember that the National Partnership for Women and Families created the act to ensure family and leave protections existed at all. The National Partnership agrees that workers deserve more, and they continue to fight for the employment rights of women and families.