Eligibility for the Family Medical Leave Act Program

Many people will need to take time off from work at some point in their life. Depending on your reason, you may be eligible for unpaid leave from your job under the Family and Medical Leave Act (FMLA). This Federal law took effect in 1993 and most employers are bound to the rules. FMLA provides employees with a certain amount of time, taken all at once or divided throughout the year, to handle family affairs involving health issues, or your own health.

Aside from FMLA, some companies give added benefits in the form of leave, for circumstances like the birth of a child or a disability. So if you are in need of time off for any reason, you should speak with your employer to find out what benefits they provide, and your eligibility. FMLA coverage is applicable to both parents and also includes same sex spouses.

California has a Paid Family Leave (PFL) insurance program, which is managed by the State Disability Insurance Program. Depending on your location, you may be eligible for benefits from a variety of different programs. If you were to take leave under this program as well as FMLA and another program in California called California Family Rights Act (CFRA) leave, you would receive up to six weeks paid leave.

Employers with more than 50 employees, have to give those that are eligible for FMLA, up to 12 weeks of unpaid leave, throughout any 12 month period. The weeks do not have to be continuous.

FMLA can be used sporadically, to allow the employee to work on a part time basis. The employee can take care of their loved one or themself, with peace of mind knowing their job is secure, as their employer has to hold the job or present another that is comparable in terms of pay and benefits. The employee is still covered by the company issued insurance and receives all their usual benefits while on FMLA leave.

Eligibility requirements for employees are employment by their employer for a minimum of 12 months, no less than 1,250 working hours throughout the past 12 months, and their work location has to have at least 50 employees within the bounds of 75 miles. Your employer is responsible for continuing your health insurance coverage and all of your group health benefits while you're away on FMLA leave.

The following situations will qualify eligible employees for FMLA:

Employee's childbirth and subsequent care for the infant
Caring for an adopted child
Caring for a child in foster care
Caring for a spouse, child, or parent with a serious health condition
Employee taking medical leave for their own health issue
Certain emergency situations associated with a family member's active military service.

With regard to eligible employees with family members actively serving or called up for active duty in the military, the National Defense Authorization Act was enacted to extend FMLA coverage. Emergencies that are directly related to active duty of a spouse, child or parent such as:

Caring for a child of a deployed military member
Family member's attendance at certain military meetings or formal occasions
Handling financial or legal arrangements associated with the military member’s absence

In cases of injury or serious illness of the military family member during active duty, FMLA coverage might be lengthened up to 26 weeks of unpaid leave for each 12 month period.

If you need to take leave and you want to check your eligibility and make sure your company meets the requirements of FMLA, speak with the appropriate personnel in the Human Resources department. You should do a thorough review of your benefits and what's available for your particular situation, whether it's having to care for a newborn child or you're experiencing some type of physical or mental disability.

You should advise your supervisor or boss and the employee that handles benefits, as soon as you become aware of the need to take leave from work. If the situation is one where you know way ahead of time that you will need FMLA leave, you are required to give your employer a 30 day notice in writing. An example is childbirth or adopting a child. If it's an emergency situation, such as an accident and hospitalization, you would notify them as soon as you are able.