Employee benefits under Family and Medical Leave Act (FMLA)

If you have just given birth, and you cannot resume work because of your medical condition or need to take care of your newborn; you may avail of Family and Medical Leave benefits.

The Family and Medical Leave Act (FMLA) allows insured employees to take time off from work to attend to personal medical condition or care for an immediate family member. Employees can avail up to 12 weeks of unpaid leave within a year.

FMLA allows the following conditions:

1. Care for a newborn child
2. Care for a sick immediate family member
3. Adoption of a child
4. Attend to personal medical needs such as therapy, surgery, or treatment

Employers have the responsibility to:

1. Provide unpaid family or medical leave to qualified employees
2. Reinstate the employee after completing the family and medical leave
3. Offer an equivalent job post and wage rate upon the return of employee
4. Cooperate with the employee in processing FMLA benefit claim

FMLA benefits to military

FMLA also extends to those who serve in the military. The National Defense Authorization Act provides FMLA benefits to employees who need to care for a family member who is injured while rendering service in the military.

If the injured military officer or soldier was seriously injured or ill, FMLA benefit can extend up to 26 weeks of unpaid leave for the year.

Eligibility requirements for FMLA benefit leave:

1. Employees who have rendered at least 1,250 hours of work for the employer or an equivalent of 12 months.
2. The employee works for an employer who has at least 50 workers within 75 miles of the facility.

FMLA facts

1. Employees can arrange with the employer to use FMLA benefit on an intermittent basis. It means that the employee can spread the 12 weeks throughout the year. The employee can also ask for accommodation to have adjustment in work schedule or shift.
2. You can still avail of the employer's health insurance while enrolled in FMLA program
3. In California, you can avail of Paid Family Leave (PFL), FMLA, and California Family Rights Act (CFRA) concurrently. These programs allow employees to have up to six weeks of paid leave. The State Disability Insurance Program handles the employee claims.

Make sure that you inform your employer ahead of time on your plan to avail of FMLA benefit. It will help your employer to process the needed requirements and provide you ample time to submit medical certificate and clearance.

If your employer refuses to give FMLA benefits, you can consult with an Los Angeles Employment Lawyer to help you assert your FMLA rights.


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