What is the Family & Medical Leave Act or FMLA? FMLA guarantees up to 12 weeks of unpaid but job protected leave if you are unable to work because of a serious health condition, to care for a child, spouse or parent with a serious health condition, to care for a newborn child under 1, or a newly adopted or fostered child.
Who is eligible for FMLA? You are eligible for FMLA if you have been employed here for at least 12 months and have worked at least 1,250 hours over the past 12 months. Although FMLA is unpaid, you are eligible to use sick accruals. Eligibility for FMLA because of a medical issue that prevents you from working requires that the condition meet the definition of a “serious health condition”. The department of labor defines this eligibility as “an illness, injury, impairment, or physical or mental condition that involves:
- inpatient care in a hospital, hospice, or residential medical care facility; or
- continuing treatment by a health care provider.
When should I use FMLA? FMLA is intended to protect your job when you need an extended absence from work for one of the reasons outlined above. FMLA is not to be used for routine illnesses or minor medical procedures that do not meet the criteria outlined above. Illnesses that do not rise to FMLA definition of “serious” are cases where you can use sick accruals without tapping into FMLA ( a physician’s note is required when you are absent for more than 5 days).
Can I get in trouble or retaliated against for using FMLA? Employer abuses of FMLA are prohibited by law. Employers may not retaliate against employees for using FMLA. In fact, the second circuit court (which covers NY) has taken a strong stance on this, holding HR directors personally liable for FMLA retaliation. The employer may require that you tap into your 12 weeks of guaranteed FMLA for cases of serious illnesses, but they may not require use of FMLA for illnesses that do not meet the definition outlined above. The Department of Labor has made it clear that FMLA “is not intended to cover short-term conditions for which treatment and recovery are very brief” and “minor illnesses which last only a few days and surgical procedures that typically do not involve hospitalization and require only a brief recovery period.”
If you have questions about FMLA, or if you think your rights are being violated, let UUP know. You can contact the Grievance & Workplace Concerns Committee immediately by filling out this intake form.