On FMLA Leave & Its Little State Cousins

Excerpt from my book...

On the road ahead you will get sick of me warning you: Don’t quit your job! At least don’t quit without deliberation. Once you quit your job, you lose many employee rights. Instead of quitting, invoke your legal rights to medical leave. Yes, even Midas needs a break. Here, I show you how.

Family Medical Leave Act (FMLA)

The FMLA is the mother of all job protections. It is a federal law that protects you when you take time off for your health. Under FMLA, you can take up to twelve weeks of FMLA leave every twelve months.

During the twelve-week leave, your employer must maintain your group health insurance. So, while your job is protected, so is your health insurance. After the twelve weeks, you are entitled to return to the same or comparable job at your employer.

The leave can be for your own serious illness (the subject of this book) or to take care of a family member who is seriously ill (not the subject of this book). Notice FMLA doesn’t require a disability status, “serious illness” is enough.?

What is serious? The term “serious” is broadly defined under FMLA. If your illness requires inpatient care or continuous outpatient treatments (e.g., weekly psychotherapy), it is most likely serious.?

The FMLA does not provide income (except during an emergency like COVID). That’s why you should get disability income or PFML. Otherwise, your medical leave would be unpaid.

The FMLA prevents the employer from firing you for taking a break, but it doesn’t protect you from being fired for “legitimate” reasons. For example, your employer downsizes and fires all employees in your job classification. You and your peers are fired. Sometimes it is hard to tell if you are fired for legitimate reasons. If you are fired during your leave, consult an employment attorney.

Not all employers are required to offer FMLA leaves. An employer who must comply with FMLA is called a covered employer. Ask your employer if it is a covered employer under FMLA. If it has fifty employees or more, it is probably a covered employer.?

Not all employees are eligible to take FMLA leaves. One eligibility requirement is having worked 1,250 hours during the twelve months prior to the start of leave. Therefore, brand-new employees may not be eligible.

State Job Protections: State FMLA and PFML

There are also state versions of FMLA, which can offer employees even more protections. For example, California’s FMLA is called California Family Right Act (CFRA). It covers employers with five or more employees. If you are not entitled to federal FMLA leave, see if you qualify for any state FMLA leave. To learn more, Google “FMLA” plus the name of your state.

Paid Family Medical Leave (PFML) in Massachusetts, Oregon, and Washington State provide job and health insurance protections. PFML in DC and Connecticut do not.

If you don’t qualify for leave under state or federal protections, then your other option is to ask for a leave of absence under the company’s policy. If they do not grant you the leave of absence, check with an employment attorney for any disability discrimination.

Job Protection Is Not Necessarily Income Protection

Don’t confuse income protections with job/health insurance protections. Don’t assume that if your disability income is approved, then your job is simultaneously secured, or vice versa. Always check with your employer to see if you need to apply for them separately.