Family and Medical Leave Act (FMLA)

[Guest guest]

Family and Medical Leave Act (FMLA)

Jacques Chambers, CLU, Benefits Consultant

In addition to the American with Disabilities Act (ADA) (discussed in last

month’s article), there is another federal law that has an impact on

benefits provided by employers. It is the Family and Medical Leave Act

(FMLA) which was signed into law by President Clinton in 1993. The goal of

the law was to provide some job protection for persons who needed to take

time off because of a serious illness—either the worker’s or a member of the

worker’s family.

As with the ADA, it is important to know not only what the FMLA does, but

also what it does not do. The law primarily does only two things. If you are

an employee that has to take time off from work due to a serious medical

condition, either your own or that of a family member, the law:

1. Protects your job while you are off work caring for either yourself or a

family member with a serious medical condition so that your job will be

available when you can return to it; and,

2. Requires employers to continue your employee benefits in the same manner

as it did when you were working.

The law only provides its protection for the first twelve weeks of absence

in a 12 month period.

The law does not require employers to continue any part of the worker’s

salary while you are not working. Any income would have to come from another

source, such as the employer’s sick leave and/or Short Term Disability plan,

or Worker’s Compensation if it’s a job related condition, or by state law in

states with a mandated disability program, California, Hawaii, New Jersey,

New York, or Rhode Island.

To review the main provisions of the Family and Medical Leave Act (FMLA):

Who is covered under the law?

Employers covered by the law are those employers engaged in commerce or an

industry or activity affecting commerce if 50 of more employees are employed

in at least 20 or more calendar workweeks in the current or preceding

calendar year. The right to take leave applies equally to male and female

workers who are employed at or within 75 miles of the work place by an

employer of 50 or more workers.

The FMLA also applies to all public agencies, state governments and

political subdivisions (including the District of Columbia, U.S. territories

and possessions), elementary and secondary school systems, and institutions

of higher education.

Who can take advantage under the law?

An employee is eligible to take FMLA leave if:

1. The employee has been employed by the employer for at least 12 months,

not necessarily consecutive.

2. The employee has been employed for at least 1,250 hours of service during

the 12-month period immediately preceding commencement of the leave.

3. The employee is employed at a work site where 50 or more employees are

employed by the employer within 75 miles of that work site.

4. The employee is not a “key” employee.

5. The employee’s position has not been scheduled for elimination.

For what reason may an employee take time off under the law?

The FMLA requires covered employers to grant eligible employees up to 12

weeks of unpaid, job-protected leave in any 12-month period to care for

family members or because of their own illnesses. Many states have similar

leave laws. FMLA leave may be granted for the following reasons:

• The birth of the employee’s child and care of the infant;

• The placement of a child with the employee for adoption or foster care;

• The care of a spouse, child, or parent of the employee if the spouse,

child, or parent has a serious health condition; or

• The employee’s own serious health condition renders him or her unable to

perform the essential functions of the job.

A non-chronic, short-term illness or injury that requires an employee to be

absent from work a day or two at a time may qualify as part of the employee’s

entitlement to job-protected leave under the FMLA as long as the illness or

injury is a serious health condition.

What is a “serious health condition” under the law?

The law defines “serious health condition” to include any “illness, injury,

impairment, or physical or mental condition that involves” either inpatient

care or “continuing treatment” by a “health care provider.” The Department

of Labor regulations expand this to include an illness, injury, impairment

or physical or mental condition that involves: (1) inpatient care, including

any period of incapacity or any subsequent treatment in connection with the

inpatient care; or (2) continuing treatment from a health care provider.

What happens to my benefits while out on FMLA?

The employer maintains any pre-existing health insurance for the duration of

the leave and at the level and under the same conditions coverage was

provided prior to commencement of the leave. Employers can ask the employee

to cover his/her share of the premiums that were paid through payroll

deduction from the paycheck. Employers are not required to continue benefits

like life and disability insurance but cannot require employees to

re-qualify for benefits.

What happens to my position?

The employee must be restored to the original or an equivalent position with

equivalent benefits, pay, and all other terms and conditions of employment.

The highest paid 10 percent of salaried employees may be denied job

restoration to prevent substantial and grievous economic injury to the

employer.

What may the employer require to grant the leave?

An employer may require certification from a health care provider to support

a claim for leave. But if an employer asks one employee for proof of a

serious illness, the employer must ask all employees for equivalent

certification.

Does the law apply to teachers too?

There are special rules that apply to “instructional employees” that are

designed to minimize disruption in the classroom while still protecting the

rights of the person on disability. The special rules apply to intermittent

leaves, reduced leave schedules, and the taking of leave near the end of an

academic term. More can be found in the Code of Federal Regulations (29 CFR

825.600 et seq.)

Other provisions of the law

• Leave can be taken intermittently, is subject to employer approval, and

does not result in a reduction in the total amount of leave to which the

employee is entitled.

• When husband and wife work for the same employer, the total amount of

leave that they may take is limited to 12 weeks if they are taking leave for

the birth or adoption of a child or to care for a sick parent.

• When the need for leave is foreseeable, an employee is required to provide

at least 30 days advance notice.

Does not supersede state laws

The Act does not supersede any state or local law, collective bargaining

agreement, or employment benefit plan providing greater medical and family

leave rights, nor does it diminish their capacity to adopt more generous

family leave policies.

Many states have laws that apply to smaller employers or last longer than

the twelve weeks of the federal law. Each state’s own law regarding family

and medical leaves can vary considerably from the federal FMLA, so it is

important that you check your own state’s law as well when contemplating

taking time off for medical reasons.

Confused about applying for disability? Click here

[Jacques Chambers, CLU, and his company, Chambers Benefits Consulting, have

over 35 years of experience in health, life and disability insurance and

Social Security disability benefits. For the past twelve years, he has been

assisting people with their rights, problems, and other issues concerning

benefits and disability. He can be reached at jacques@...

or through his website at: http://www.helpwithbenefits.com.]

Copyright September 2004– Hepatitis C Support Project - .

Permission to reprint is granted and encouraged with credit to the Hepatitis

C Support Project.

http://www.hcvadvocate.org/hepatitis/hepC/FLMA.html

[Guest guest]

Family and Medical Leave Act (FMLA)

Jacques Chambers, CLU, Benefits Consultant

In addition to the American with Disabilities Act (ADA) (discussed in last

month’s article), there is another federal law that has an impact on

benefits provided by employers. It is the Family and Medical Leave Act

(FMLA) which was signed into law by President Clinton in 1993. The goal of

the law was to provide some job protection for persons who needed to take

time off because of a serious illness—either the worker’s or a member of the

worker’s family.

As with the ADA, it is important to know not only what the FMLA does, but

also what it does not do. The law primarily does only two things. If you are

an employee that has to take time off from work due to a serious medical

condition, either your own or that of a family member, the law:

1. Protects your job while you are off work caring for either yourself or a

family member with a serious medical condition so that your job will be

available when you can return to it; and,

2. Requires employers to continue your employee benefits in the same manner

as it did when you were working.

The law only provides its protection for the first twelve weeks of absence

in a 12 month period.

The law does not require employers to continue any part of the worker’s

salary while you are not working. Any income would have to come from another

source, such as the employer’s sick leave and/or Short Term Disability plan,

or Worker’s Compensation if it’s a job related condition, or by state law in

states with a mandated disability program, California, Hawaii, New Jersey,

New York, or Rhode Island.

To review the main provisions of the Family and Medical Leave Act (FMLA):

Who is covered under the law?

Employers covered by the law are those employers engaged in commerce or an

industry or activity affecting commerce if 50 of more employees are employed

in at least 20 or more calendar workweeks in the current or preceding

calendar year. The right to take leave applies equally to male and female

workers who are employed at or within 75 miles of the work place by an

employer of 50 or more workers.

The FMLA also applies to all public agencies, state governments and

political subdivisions (including the District of Columbia, U.S. territories

and possessions), elementary and secondary school systems, and institutions

of higher education.

Who can take advantage under the law?

An employee is eligible to take FMLA leave if:

1. The employee has been employed by the employer for at least 12 months,

not necessarily consecutive.

2. The employee has been employed for at least 1,250 hours of service during

the 12-month period immediately preceding commencement of the leave.

3. The employee is employed at a work site where 50 or more employees are

employed by the employer within 75 miles of that work site.

4. The employee is not a “key” employee.

5. The employee’s position has not been scheduled for elimination.

For what reason may an employee take time off under the law?

The FMLA requires covered employers to grant eligible employees up to 12

weeks of unpaid, job-protected leave in any 12-month period to care for

family members or because of their own illnesses. Many states have similar

leave laws. FMLA leave may be granted for the following reasons:

• The birth of the employee’s child and care of the infant;

• The placement of a child with the employee for adoption or foster care;

• The care of a spouse, child, or parent of the employee if the spouse,

child, or parent has a serious health condition; or

• The employee’s own serious health condition renders him or her unable to

perform the essential functions of the job.

A non-chronic, short-term illness or injury that requires an employee to be

absent from work a day or two at a time may qualify as part of the employee’s

entitlement to job-protected leave under the FMLA as long as the illness or

injury is a serious health condition.

What is a “serious health condition” under the law?

The law defines “serious health condition” to include any “illness, injury,

impairment, or physical or mental condition that involves” either inpatient

care or “continuing treatment” by a “health care provider.” The Department

of Labor regulations expand this to include an illness, injury, impairment

or physical or mental condition that involves: (1) inpatient care, including

any period of incapacity or any subsequent treatment in connection with the

inpatient care; or (2) continuing treatment from a health care provider.

What happens to my benefits while out on FMLA?

The employer maintains any pre-existing health insurance for the duration of

the leave and at the level and under the same conditions coverage was

provided prior to commencement of the leave. Employers can ask the employee

to cover his/her share of the premiums that were paid through payroll

deduction from the paycheck. Employers are not required to continue benefits

like life and disability insurance but cannot require employees to

re-qualify for benefits.

What happens to my position?

The employee must be restored to the original or an equivalent position with

equivalent benefits, pay, and all other terms and conditions of employment.

The highest paid 10 percent of salaried employees may be denied job

restoration to prevent substantial and grievous economic injury to the

employer.

What may the employer require to grant the leave?

An employer may require certification from a health care provider to support

a claim for leave. But if an employer asks one employee for proof of a

serious illness, the employer must ask all employees for equivalent

certification.

Does the law apply to teachers too?

There are special rules that apply to “instructional employees” that are

designed to minimize disruption in the classroom while still protecting the

rights of the person on disability. The special rules apply to intermittent

leaves, reduced leave schedules, and the taking of leave near the end of an

academic term. More can be found in the Code of Federal Regulations (29 CFR

825.600 et seq.)

Other provisions of the law

• Leave can be taken intermittently, is subject to employer approval, and

does not result in a reduction in the total amount of leave to which the

employee is entitled.

• When husband and wife work for the same employer, the total amount of

leave that they may take is limited to 12 weeks if they are taking leave for

the birth or adoption of a child or to care for a sick parent.

• When the need for leave is foreseeable, an employee is required to provide

at least 30 days advance notice.

Does not supersede state laws

The Act does not supersede any state or local law, collective bargaining

agreement, or employment benefit plan providing greater medical and family

leave rights, nor does it diminish their capacity to adopt more generous

family leave policies.

Many states have laws that apply to smaller employers or last longer than

the twelve weeks of the federal law. Each state’s own law regarding family

and medical leaves can vary considerably from the federal FMLA, so it is

important that you check your own state’s law as well when contemplating

taking time off for medical reasons.

Confused about applying for disability? Click here

[Jacques Chambers, CLU, and his company, Chambers Benefits Consulting, have

over 35 years of experience in health, life and disability insurance and

Social Security disability benefits. For the past twelve years, he has been

assisting people with their rights, problems, and other issues concerning

benefits and disability. He can be reached at jacques@...

or through his website at: http://www.helpwithbenefits.com.]

Copyright September 2004– Hepatitis C Support Project - .

Permission to reprint is granted and encouraged with credit to the Hepatitis

C Support Project.

http://www.hcvadvocate.org/hepatitis/hepC/FLMA.html

[Guest guest]

Family and Medical Leave Act (FMLA)

Jacques Chambers, CLU, Benefits Consultant

In addition to the American with Disabilities Act (ADA) (discussed in last

month’s article), there is another federal law that has an impact on

benefits provided by employers. It is the Family and Medical Leave Act

(FMLA) which was signed into law by President Clinton in 1993. The goal of

the law was to provide some job protection for persons who needed to take

time off because of a serious illness—either the worker’s or a member of the

worker’s family.

As with the ADA, it is important to know not only what the FMLA does, but

also what it does not do. The law primarily does only two things. If you are

an employee that has to take time off from work due to a serious medical

condition, either your own or that of a family member, the law:

1. Protects your job while you are off work caring for either yourself or a

family member with a serious medical condition so that your job will be

available when you can return to it; and,

2. Requires employers to continue your employee benefits in the same manner

as it did when you were working.

The law only provides its protection for the first twelve weeks of absence

in a 12 month period.

The law does not require employers to continue any part of the worker’s

salary while you are not working. Any income would have to come from another

source, such as the employer’s sick leave and/or Short Term Disability plan,

or Worker’s Compensation if it’s a job related condition, or by state law in

states with a mandated disability program, California, Hawaii, New Jersey,

New York, or Rhode Island.

To review the main provisions of the Family and Medical Leave Act (FMLA):

Who is covered under the law?

Employers covered by the law are those employers engaged in commerce or an

industry or activity affecting commerce if 50 of more employees are employed

in at least 20 or more calendar workweeks in the current or preceding

calendar year. The right to take leave applies equally to male and female

workers who are employed at or within 75 miles of the work place by an

employer of 50 or more workers.

The FMLA also applies to all public agencies, state governments and

political subdivisions (including the District of Columbia, U.S. territories

and possessions), elementary and secondary school systems, and institutions

of higher education.

Who can take advantage under the law?

An employee is eligible to take FMLA leave if:

1. The employee has been employed by the employer for at least 12 months,

not necessarily consecutive.

2. The employee has been employed for at least 1,250 hours of service during

the 12-month period immediately preceding commencement of the leave.

3. The employee is employed at a work site where 50 or more employees are

employed by the employer within 75 miles of that work site.

4. The employee is not a “key” employee.

5. The employee’s position has not been scheduled for elimination.

For what reason may an employee take time off under the law?

The FMLA requires covered employers to grant eligible employees up to 12

weeks of unpaid, job-protected leave in any 12-month period to care for

family members or because of their own illnesses. Many states have similar

leave laws. FMLA leave may be granted for the following reasons:

• The birth of the employee’s child and care of the infant;

• The placement of a child with the employee for adoption or foster care;

• The care of a spouse, child, or parent of the employee if the spouse,

child, or parent has a serious health condition; or

• The employee’s own serious health condition renders him or her unable to

perform the essential functions of the job.

A non-chronic, short-term illness or injury that requires an employee to be

absent from work a day or two at a time may qualify as part of the employee’s

entitlement to job-protected leave under the FMLA as long as the illness or

injury is a serious health condition.

What is a “serious health condition” under the law?

The law defines “serious health condition” to include any “illness, injury,

impairment, or physical or mental condition that involves” either inpatient

care or “continuing treatment” by a “health care provider.” The Department

of Labor regulations expand this to include an illness, injury, impairment

or physical or mental condition that involves: (1) inpatient care, including

any period of incapacity or any subsequent treatment in connection with the

inpatient care; or (2) continuing treatment from a health care provider.

What happens to my benefits while out on FMLA?

The employer maintains any pre-existing health insurance for the duration of

the leave and at the level and under the same conditions coverage was

provided prior to commencement of the leave. Employers can ask the employee

to cover his/her share of the premiums that were paid through payroll

deduction from the paycheck. Employers are not required to continue benefits

like life and disability insurance but cannot require employees to

re-qualify for benefits.

What happens to my position?

The employee must be restored to the original or an equivalent position with

equivalent benefits, pay, and all other terms and conditions of employment.

The highest paid 10 percent of salaried employees may be denied job

restoration to prevent substantial and grievous economic injury to the

employer.

What may the employer require to grant the leave?

An employer may require certification from a health care provider to support

a claim for leave. But if an employer asks one employee for proof of a

serious illness, the employer must ask all employees for equivalent

certification.

Does the law apply to teachers too?

There are special rules that apply to “instructional employees” that are

designed to minimize disruption in the classroom while still protecting the

rights of the person on disability. The special rules apply to intermittent

leaves, reduced leave schedules, and the taking of leave near the end of an

academic term. More can be found in the Code of Federal Regulations (29 CFR

825.600 et seq.)

Other provisions of the law

• Leave can be taken intermittently, is subject to employer approval, and

does not result in a reduction in the total amount of leave to which the

employee is entitled.

• When husband and wife work for the same employer, the total amount of

leave that they may take is limited to 12 weeks if they are taking leave for

the birth or adoption of a child or to care for a sick parent.

• When the need for leave is foreseeable, an employee is required to provide

at least 30 days advance notice.

Does not supersede state laws

The Act does not supersede any state or local law, collective bargaining

agreement, or employment benefit plan providing greater medical and family

leave rights, nor does it diminish their capacity to adopt more generous

family leave policies.

Many states have laws that apply to smaller employers or last longer than

the twelve weeks of the federal law. Each state’s own law regarding family

and medical leaves can vary considerably from the federal FMLA, so it is

important that you check your own state’s law as well when contemplating

taking time off for medical reasons.

Confused about applying for disability? Click here

[Jacques Chambers, CLU, and his company, Chambers Benefits Consulting, have

over 35 years of experience in health, life and disability insurance and

Social Security disability benefits. For the past twelve years, he has been

assisting people with their rights, problems, and other issues concerning

benefits and disability. He can be reached at jacques@...

or through his website at: http://www.helpwithbenefits.com.]

Copyright September 2004– Hepatitis C Support Project - .

Permission to reprint is granted and encouraged with credit to the Hepatitis

C Support Project.

http://www.hcvadvocate.org/hepatitis/hepC/FLMA.html

[Guest guest]

Family and Medical Leave Act (FMLA)

Jacques Chambers, CLU, Benefits Consultant

In addition to the American with Disabilities Act (ADA) (discussed in last

month’s article), there is another federal law that has an impact on

benefits provided by employers. It is the Family and Medical Leave Act

(FMLA) which was signed into law by President Clinton in 1993. The goal of

the law was to provide some job protection for persons who needed to take

time off because of a serious illness—either the worker’s or a member of the

worker’s family.

As with the ADA, it is important to know not only what the FMLA does, but

also what it does not do. The law primarily does only two things. If you are

an employee that has to take time off from work due to a serious medical

condition, either your own or that of a family member, the law:

1. Protects your job while you are off work caring for either yourself or a

family member with a serious medical condition so that your job will be

available when you can return to it; and,

2. Requires employers to continue your employee benefits in the same manner

as it did when you were working.

The law only provides its protection for the first twelve weeks of absence

in a 12 month period.

The law does not require employers to continue any part of the worker’s

salary while you are not working. Any income would have to come from another

source, such as the employer’s sick leave and/or Short Term Disability plan,

or Worker’s Compensation if it’s a job related condition, or by state law in

states with a mandated disability program, California, Hawaii, New Jersey,

New York, or Rhode Island.

To review the main provisions of the Family and Medical Leave Act (FMLA):

Who is covered under the law?

Employers covered by the law are those employers engaged in commerce or an

industry or activity affecting commerce if 50 of more employees are employed

in at least 20 or more calendar workweeks in the current or preceding

calendar year. The right to take leave applies equally to male and female

workers who are employed at or within 75 miles of the work place by an

employer of 50 or more workers.

The FMLA also applies to all public agencies, state governments and

political subdivisions (including the District of Columbia, U.S. territories

and possessions), elementary and secondary school systems, and institutions

of higher education.

Who can take advantage under the law?

An employee is eligible to take FMLA leave if:

1. The employee has been employed by the employer for at least 12 months,

not necessarily consecutive.

2. The employee has been employed for at least 1,250 hours of service during

the 12-month period immediately preceding commencement of the leave.

3. The employee is employed at a work site where 50 or more employees are

employed by the employer within 75 miles of that work site.

4. The employee is not a “key” employee.

5. The employee’s position has not been scheduled for elimination.

For what reason may an employee take time off under the law?

The FMLA requires covered employers to grant eligible employees up to 12

weeks of unpaid, job-protected leave in any 12-month period to care for

family members or because of their own illnesses. Many states have similar

leave laws. FMLA leave may be granted for the following reasons:

• The birth of the employee’s child and care of the infant;

• The placement of a child with the employee for adoption or foster care;

• The care of a spouse, child, or parent of the employee if the spouse,

child, or parent has a serious health condition; or

• The employee’s own serious health condition renders him or her unable to

perform the essential functions of the job.

A non-chronic, short-term illness or injury that requires an employee to be

absent from work a day or two at a time may qualify as part of the employee’s

entitlement to job-protected leave under the FMLA as long as the illness or

injury is a serious health condition.

What is a “serious health condition” under the law?

The law defines “serious health condition” to include any “illness, injury,

impairment, or physical or mental condition that involves” either inpatient

care or “continuing treatment” by a “health care provider.” The Department

of Labor regulations expand this to include an illness, injury, impairment

or physical or mental condition that involves: (1) inpatient care, including

any period of incapacity or any subsequent treatment in connection with the

inpatient care; or (2) continuing treatment from a health care provider.

What happens to my benefits while out on FMLA?

The employer maintains any pre-existing health insurance for the duration of

the leave and at the level and under the same conditions coverage was

provided prior to commencement of the leave. Employers can ask the employee

to cover his/her share of the premiums that were paid through payroll

deduction from the paycheck. Employers are not required to continue benefits

like life and disability insurance but cannot require employees to

re-qualify for benefits.

What happens to my position?

The employee must be restored to the original or an equivalent position with

equivalent benefits, pay, and all other terms and conditions of employment.

The highest paid 10 percent of salaried employees may be denied job

restoration to prevent substantial and grievous economic injury to the

employer.

What may the employer require to grant the leave?

An employer may require certification from a health care provider to support

a claim for leave. But if an employer asks one employee for proof of a

serious illness, the employer must ask all employees for equivalent

certification.

Does the law apply to teachers too?

There are special rules that apply to “instructional employees” that are

designed to minimize disruption in the classroom while still protecting the

rights of the person on disability. The special rules apply to intermittent

leaves, reduced leave schedules, and the taking of leave near the end of an

academic term. More can be found in the Code of Federal Regulations (29 CFR

825.600 et seq.)

Other provisions of the law

• Leave can be taken intermittently, is subject to employer approval, and

does not result in a reduction in the total amount of leave to which the

employee is entitled.

• When husband and wife work for the same employer, the total amount of

leave that they may take is limited to 12 weeks if they are taking leave for

the birth or adoption of a child or to care for a sick parent.

• When the need for leave is foreseeable, an employee is required to provide

at least 30 days advance notice.

Does not supersede state laws

The Act does not supersede any state or local law, collective bargaining

agreement, or employment benefit plan providing greater medical and family

leave rights, nor does it diminish their capacity to adopt more generous

family leave policies.

Many states have laws that apply to smaller employers or last longer than

the twelve weeks of the federal law. Each state’s own law regarding family

and medical leaves can vary considerably from the federal FMLA, so it is

important that you check your own state’s law as well when contemplating

taking time off for medical reasons.

Confused about applying for disability? Click here

[Jacques Chambers, CLU, and his company, Chambers Benefits Consulting, have

over 35 years of experience in health, life and disability insurance and

Social Security disability benefits. For the past twelve years, he has been

assisting people with their rights, problems, and other issues concerning

benefits and disability. He can be reached at jacques@...

or through his website at: http://www.helpwithbenefits.com.]

Copyright September 2004– Hepatitis C Support Project - .

Permission to reprint is granted and encouraged with credit to the Hepatitis

C Support Project.

http://www.hcvadvocate.org/hepatitis/hepC/FLMA.html