FMLA Essentials: What You Need to Know When Life Happens

As we navigate our careers, unexpected life events that require extended time away from work can arise. Understanding your rights and protections under the Family and Medical Leave Act (FMLA) is crucial for managing these situations effectively. In this article, originally published in the November 2024 Career Experts Group's newsletter "Your Career > Your Future," I break down the essential aspects of FMLA - from eligibility requirements and covered situations to its interaction with other benefits and what to do when you need more time. Whether planning for the future or facing an immediate need, this guide will help you understand your options.

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FMLA Essentials: What You Need to Know When Life Happens        

The Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of unpaid, job-protected leave per 12-month period for certain family and medical reasons. But exactly who is eligible, what can you use it for, and how does it interact with other types of leave? Let's break it down.

Who's Eligible?

FMLA applies to private sector employers with 50 or more employees and all public agencies and schools. To be eligible, an employee must have:

• Worked for the employer for at least 12 months (not necessarily consecutive)
• Logged at least 1,250 hours of service in the 12 months before leave begins
• Worked at a location where the employer has at least 50 employees within 75 miles

What Can You Use FMLA For?

FMLA leave can be taken for:

How Much Leave Can You Take?

Eligible employees can take up to 12 work weeks of leave in a 12-month period for most FMLA situations. However, eligible employees may take up to 26 work weeks of leave to care for a covered service member with a serious injury or illness. Leave can be taken continuously, intermittently, or on a reduced schedule basis. Employers may choose how to measure the 12-month period, which can be:

• Calendar Year: January 1 to December 31.
• Fixed 12-Month “Leave Year”: A specific 12-month period set by the employer (e.g., the anniversary of the employee’s start date).
• Rolling 12-Month Period: The 12 months preceding the start of the FMLA leave.

How Does FMLA Interact with Other Laws and Benefits?

It's crucial to understand that in many cases, these benefits will run concurrently, not consecutively. This means that taking leave under one program may simultaneously use time from another.

• State Laws: Some states have their own family leave laws that may provide additional or different benefits.
• Short-Term Disability (STD) / Long-Term Disability (LTD): While FMLA is unpaid, employees may be eligible for STD or LTD benefits during their leave. It's common for STD or LTD to run concurrently with FMLA, meaning the time taken counts against both entitlements.
• Workers' Compensation: If an employee is injured on the job, their time out of work under workers' comp may also count against their FMLA entitlement.

What are my Alternatives if I am Not Eligible for FMLA?

If you're not eligible for FMLA, consider:

• Requesting an accommodation under the Americans with Disabilities Act (ADA) [1]
• Using accrued paid time off
• Exploring company-specific leave policies
• Checking state- and local-specific leave laws

What if I Can’t Return When my FMLA Leave Ends?

If your FMLA leave is ending and you are not able to return to work, you may have additional options under ADA.

FMLA Extension as an ADA Accommodation: In some cases, extending leave beyond the 12 weeks provided by FMLA may be considered a reasonable accommodation under the ADA. This typically occurs when:

• The employee's condition qualifies as a disability under the ADA.
• The employee or their healthcare provider indicates that additional leave will enable the employee to return to work and perform their job duties.
• The additional leave does not cause undue hardship to the employer.

Important Considerations:

• The ADA does not require an unlimited leave of absence.
• Employers can consider factors such as impact on operations, ability to temporarily cover the employee's duties, and the projected return-to-work date when determining if extended leave is a reasonable accommodation.

What are the Reporting and Requesting Requirements?

Employees should provide 30 days' notice when the need for leave is foreseeable. If it's not foreseeable, notify your employer as soon as possible. Your employer may require medical certification to support the need for leave.

• Foreseeable Leave: Employees must provide 30 days' notice when the need for FMLA leave is foreseeable. If 30 days' notice isn't possible, notice must be given "as soon as practicable," typically within 1-2 business days of learning the need for leave.
• Unforeseeable Leave: For an unexpected need for leave, employees should give notice as soon as practicable under the circumstances, usually within 1-2 business days of when the need becomes known.
• Medical Certification: If required by the employer, employees must provide medical certification within 15 calendar days after the employer's request, unless it's not practicable under the circumstances.
• Fitness for Duty / Release to Return to Work: Employers may require a fitness-for-duty certification before an employee returns to work after FMLA leave, due to their own serious health condition.

References

[1] The Americans with Disabilities Act - ADA.gov, U.S. Department of Justice, Civil Rights Division

Resources

• National Conference of State Legislatures (NCSL) - Comprehensive overview of state family/medical leave laws.
• US Department of Labor (DOL) Family and Medical Leave Act – Information/links specific to the entire FMLA law.

• National Partnership for Women & Families – Information about the current status and availability of state and local leave laws.

• Job Accommodation Network (JAN) “A to Z Leave” – Information surrounding the interaction of FMLA and ADA.

• Cancer & Careers “Your Legal Rights in the Workplace: Cancer and the ADA, FMLA, Etc.” – Provides information on three key laws that may provide you with on-the-job protections.
• Career Experts Group’s Resource Guide Visible and Non-Apparent Illnesses and Disabilities KNOW YOUR RIGHTS - (Specifically pages 10 through 16).

Thank you to our amazing Career Experts Group team: Elyse Pipitone LCSW, Laura Lee Ellen Laura Johnson, MBA, MPBS, CDBS, CICNC, Jacqueline Connolly-Peros, MPBS, CDBS, and Jeanne Stoner, CPRW, CPBS, MSIR ☆ Job Search Pro

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