September 25, 2021

FMLA Guidelines For Taking Leave From Your Job

The FMLA guidelines outlined in the Family and Medical Leave Act (1993) allow for those persons qualifying to be provided with as much as twelve weeks unpaid leave from their regular jobs. The FMLA was updated in 2008 to ensure that those individuals serving in the Armed Forces are also allowed to make use of the scheme. If you are interested in learning more about this regulation take a moment to study the information below.

Fmla Guidelines

The FMLA guidelines include the following general requirements. The employee must be in a position were they are allowed to take leave. The rules that govern the Family and Medical Leave Act dictate that only those individuals who require time off to take care of a newly born or adopted child, or because of ill health or a sickness to a close family member, are eligible.

The maximum amount of leave allowed under the Family and Medical Leave Act is no more than twelve weeks during a twelve month period. This time does not have to be taken consecutively, you can apply to take various blocks of leave over the course of a single twelve month period.

There are different rules that govern the eligibility of an employer to grant leave under this scheme. A private sector worker must be employed in a company that has at least fifty staff members who work a minimum of twenty weeks a year and are based within seventy five miles of the company headquarters. If on the other hand the individual is employed at a public agency be it federal, state, or local, there is no requirement for there to be a minimum of fifty employees.

To be granted leave under the FMLA the individual submitting the application must have been employed with the same company for at least twelve months, and in this time have put in 1,250 hours of service. Only those companies that are based in the mainland US or an overseas US territory fall under the act.

The guidelines dictate that the employee is entitled to return to his or her previous position after the allotted leave has elapsed. If for some reason the position has been filled the company is legally obliged to provide an equivalent role with the same income and other benefits.

If the reason for taking leave is due to ill health of the person submitting the claim or a direct family member (spouse, child, or parent), it is vital to provide official documentary evidence of the condition in question. This should be in the form of verification from a qualified and certified medical professional. Due to stringent privacy laws there is no need to summit information that describes the condition in detail, just why the ailment prohibits the employee from carrying out their duties.

If an individual is covered by the FMLA rules and guidelines they will maintain any health insurance benefits that are provided by their employee. This may also involve the individual paying their insurance premiums if this is the normal situation.

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  1. Nigel Petrie says:

    I broke my kneecap at work, received workmens comp. The doctor recommended by the company released me for light duty work two weeks after my surgery once the staples were removed while I was still in tremendous pain and wearing a full length leg brace and still taking opiate based medicine and unable to sleep for any extended period of time as the pain woke me up frequently. The medicine was said to cause drowsiness so I was not supposed to drive and yet I was supposed to be able to work. I used four days vacation because I felt I was in to much pain to function at full capability. Is it to late to get FMLA for those four days work for which I took vacation? I feel I was cheated out of four days vacation.

  2. Brenda Moffett says:

    I have just had a baby and have used 6 weeks of fmla. the baby has several health issues and will need to be taken to several specialists who are out of town. Can I apply for a new fmla for caring for the baby after my 12 weeks maternity fmla is used up?

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