The Family and Medical Leave Act (FMLA) allows eligible employees to take job-protected leave for specified family and medical reasons.
Reasons for taking FMLA include:
- Birth, adoption or placement in foster care of a child
- Your own Serious health condition
- Serious health condition of a spouse, child, or parent
- Military FMLA for qualified exigency
- Military FMLA to care for a service member with serious health condition
- Military for serious injury or illness of a veteran for military caregiver
A serious health condition is an injury or illness that causes you or your immediate family member to be hospitalized, unable to perform your normal job duties, or requires continuing treatment by your doctor.
Who Is Eligible?
To be eligible, you must have worked at COMPANY at least 12 months and at least 1,250 hours during the 12 months before requesting leave.
Length of Leave
Eligible employees may take up to 12 work weeks of unpaid job-protected leave in a rolling 12-month period. If taking Military Caregiver Leave, eligible employees may take up to 26 weeks of leave in a 12-month period.
Continuous vs. Intermittent FMLA
Continuous FMLA leave is usually taken for a consecutive period of days (usually three or more), weeks or months.
In some situations, you may qualify for FMLA leave on an intermittent basis or on a reduced leave/work schedule. Intermittent FMLA is counted toward your eligible FMLA hours and leave begins after all paperwork and medical certification has been approved. Periodically, documentation will be needed from your physician.
Americans with Disabilities Act (ADA)
If you are temporarily unable to perform the essential functions of your job with or without accommodation, and you are ineligible for FMLA, or it has been exhausted, you may be eligible for a medical leave under the Americans with Disabilities Act (ADA).
To be considered for a medical leave, you must complete an accommodation review request and have your Health Care Provider complete a medical inquiry form. Each request for a medical leave is reviewed and considered on a case by case basis based on available reasonable accommodations and in accordance with applicable law.
A job protected medical leave may be offered if the:
- Leave request is for a reasonable duration
- Health care provider foresees the employee may return to work at the end of the leave requested
- Leave request does not create an undue hardship in the department
If you have questions about a leave, please contact email@example.com.