April 23, 2021

How To Take Medical Leave From Your Job

If you want to understand how to take medical leave from your job your must first of all familiarize yourself with the Family Medical Leave Act, or FMLA. It is this statute that ensures that you do not end up finding yourself out of work when your health improves and you are once again fit enough to take up your previous position. Under the FMLA you can take up to twelve weeks of leave, albeit unpaid, without suffering any adverse implications for your career.

Medical Leave

There are certain rules and factors that govern whether you would be eligible for leave under the FMLA in case of a medical problem. Apart from needing to fulfill certain obligations your employer would also have to meet strict requirements. For example you would have to have worked at least 1,250 hours during the previous twelve months and the organisation you work for must employ a minimum of fifty staff.

To start the process you will need to request the FMLA forms from your current employer. This would include a form that you need to fill out with your personal information, the reason why you are requesting leave as well as the dates between which you believe you will not be available, as well as official medical verification by a certified doctor or physician.

Prior to submitting the forms you should check out your company’s policy which governs paid leave and sick leave. It may be possible for you to take some paid leave during the twelve weeks of FMLA leave though this will depend upon the policy set out by your employer and not the FMLA itself.

It is worth noting that as we have very strict privacy laws in the country there is no obligation to inform the employer of specific details regarding your medical illness, documentation from your GP that informs of a serious condition is enough. When filling out the dates that you will be not available for work you can suggest whether these will be for a full twelve weeks or intermittent periods.

Remember to sign and date the form before handing it back to your employer. Also check that the physician verifying your FMLA proposal has also correctly signed and dated the document. It would be wise to make a photocopy of any documents you submit for your FMLA leave claim, this would ensure that there is no confusion at a later date if your employer claims that the information given is not complete.

If you have any confusion about how to apply for medical leave under the FMLA it can be useful to consult an expert in this field. By speaking face to face with a qualified expert such as an attorney you can ensure that the process is completed in the shortest amount of time and without any problems.

Also you should consult a lawyer if for some reason the employer refuses to grant you leave when you believe you fulfill all the necessary criteria under the latest FMLA regulations.

Additional resource links: http://www.in.gov/spd/2397.htm

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