Under Federal law, there are very limited bases on which you are entitled to leave, and employers are NOT required to provide sick leave, vacation leave, or other paid time off to employees. Plus, no Federal law requires time off for jury duty or voting. Some of these types of leave are required under New York State or New York Citylaw (and will be described in separate blog pieces). The most significant leavemandated under Federal law is the Family and Medical Leave Act (“FMLA”), described below.
What is the FMLA?
The FMLA entitles many, but not all, employees in the United States to take up to twelve (12) weeks of leave in a twelve-month periodfor your own serious medical condition or to care for a spouse, child, or parent with a serious medical condition. The FMLA also provides additional benefits to military families due to certain military deployments or to care for a covered servicemember with a serious illness or injury.
Am I Eligible for Leave Under the FMLA?
That depends on how big your employer is, how long you have worked there, and how much you have worked. First, your employer must employ fifty (50) or more employees within seventy-five (75) miles of your jobsite or be a public agency, elementary school, or secondary school. Second, you must have worked for your employer for at least twelve (12) months. Third, you must have worked at least 1250 hours in the last least twelve (12) months (which works out to about twenty-four (24) hours each week).
What is Considered a Serious Health Condition Under the FMLA?
A serious health condition includes:
- Conditions requiring an overnight stay at a hospital or other medical care facility;
- Conditions incapacitating you or your family member for three or more consecutive days and requiringongoing medical care, such as multiple health appointments;
- Chronic conditions causing occasional periods when you or your family member are incapacitated and require treatment from a health care provider at least twice a year; or
- Pregnancy, including prenatal medical appointments, and incapacity due to pregnancy (such as morning sickness or bed rest).
Is FMLA Leave Paid Leave?
The FMLA is not paid leave unless either your employer provides accompanying paid leave as a benefit or if provided by state or local law. For example, New York State has its own Paid Family Leave program, which we will tell you more about in a separate blog piece. Or you may be able to use sick time, vacation time, or other paid time off while using FMLA leave.
If FMLA Leave Might Not Be Paid, Why Would I Want It?
Under the FMLA, if you take qualifying leave, your employer must continue your health insurance (though you will need to continue to make the same payments as if you were still working) and you must be returned to the same or a nearly identical job on your return from FMLA leave. Plus, your employer cannot discriminate or retaliate against you in hiring, promotions, or discipline based of the fact you took leave.
What Do I Need to Do to Take FMLA Leave?
You need to notify your employer of your interest in using FMLA leave and follow your employer’s procedures for requesting leave. Though you should not need to provide details of your medical condition, you do need to provide enough information so that your employer can confirm you need FMLA leave for a covered condition.
This is very brief overview of FMLA leave. If you would like to discuss your situation with us, please feel free to call or email us at any time. You will be on the phone with an attorney within 24 hours.