August 20, 2018

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

Family Medical Leave Act – How It Helps You In Times of Need

The Family Medical Leave Act, or FMLA, exists to ensure that those of us who are currently employed but need time off work for a specific medical or family reason are able to take as much as twelve weeks off without fear of losing our jobs. Unfortunately it can happen that a situation arises in which a prolonged break from the workplace is necessary. Although the leave granted under the FMLA is unpaid, it does allow us to have peace of mind that after the allotted time has elapsed we can return to our jobs without fear of any discrimination.

Family Medical Leave Act

One important issue that should be mentioned is that under the FMLA the employer is obliged to continue with any medical benefits they provide under your health insurance scheme. This can make a massive difference to your financial well being as if you are taking the leave due to your ill health, or that of a close family member, you may have otherwise struggled to meet the accrued expenses of treatment.

The FMLA is enforced and administered by the Wage and Hour Division of the Department of Labor’s Employment Standards Office. It has been in force since August 1993 and already has helped millions of Americans in times of need.

There are strict eligibility criteria that govern the Family Medical Leave Act. To qualify an employee must work for an employer who falls under the remit of the FMLA, been with the employer for a year, and have worked a minimum of 1,250 hours during the past twelve months. Only those people working in a US territory qualify and the employer must have at least fifty employees if a private sector company. The rules for public sector workers are slightly different and more flexible.

There are various situations when FMLA entitlement can be initiated. If you are hoping to take leave it is important to familiarize yourself with the various reasons that the Family and Medical Leave Act has been brought into law for.

There are four basic categories: a situation in which an employee cannot work due to a health problem, the birth of a new born child, placement of an adopted or foster care child, and the care of a close family member that has serious medical problems.

It is possible to take the leave you are eligible for in separate blocks as opposed to on a continuous basis for twelve weeks. Depending upon whether you have built up any paid leave, this may be used in place of the FMLA leave.

When applying for leave under this act you must be provided the required forms by your employer. These need to be filled in accurately and returned to the HR department of your company or you can give the documents directly to your manager. The company is obliged to issue you with a decision within five working days of being presented your claim. If they refuse to grant you leave there is always the option of contesting the decision making process.

Learn more, click here: http://www.opm.gov/oca/leave/html/fmlafac2.asp