When people first hear about the FMLA laws, or Family Medical Leave Act, they naturally assume that it applies to women who become pregnant and need time off from work, but there is much more to this law than just that! Many employees, both men and women will find themselves taking advantage of this change in the law when they or someone in their family becomes ill.
Of course, this law was intended to protect the jobs of women who became pregnant, but we all benefit from it, too. It requires that any company of 50 or more employees (and all government agencies) give an employee up to 12 weeks’ worth of unpaid leave during any calendar year because of illness or injury. The illness does not have to be with the employee – it can be a family member as long as they are responsible for taking care of them.
Facts about FMLA Laws
FMLA Laws are in place to protect your job if you need to take an extended leave. You will not be paid during this period of time, and your employer has no obligation to continue your FMLA Benefits, but you will be guaranteed your same job at the same rate of pay when you return. For women who are pregnant, this is a guarantee of employment after a maximum of 12 weeks. For people who have to take time off to care for others (and this certainly includes men who are taking time off to take care of their wife and newborn baby), they are protected as well. In addition, employees who are seeking help for substance abuse or require psychiatric hospitalization are also covered by this law.
FMLA laws, however, are not always respected by all companies, so many people find that they have to fight for their jobs upon their return, or find that their job has been eliminated. This is illegal and you have a right to file a suit against your employer should this happen. However, in order to do this, make sure that you have all of your paperwork that was processed before you left, stating when and why you left work and that your employer agreed to cover you under the FMLA laws.
FMLA Laws Summary
Most small companies of 50 or fewer employees are under no obligation to provide this kind of unpaid leave for their employees, but more companies are starting to do this. It is a service to their employees, and it is also good for the company. By having happy employees who are able to take time off to address personal issues and then return to work, they avoid having to hire and re-train a new employee.
If you feel that you were unfairly dismissed after taking time off from work for your illness or that of a family member, then you should look into the federal FMLA Laws to see if you can seek redress. In many cases, people have been awarded settlements based on the fact that they were unfairly dismissed after such an absence.
