Any time an important personal or family healthcare crisis develops, an employee should make themselves aware of the laws and regulations which exist regarding the use of FMLA and how it interacts with regular “sick time.”
The History of FMLA
The Family Medical and Leave Act was enacted into federal law in 1993. This legislation was the federal government's attempt to prohibit employers from taking adverse actions against employees because of leave time needed due to family medical emergencies.
At that time the government recognized there were more young, single parents with children entering the work force. The generation known as “baby boomers” were also becoming cognizant that they may require additional time away from work required to care for aging parents. This principal purpose of the FMLA is to assist employees handle the responsibilities of both work and family when confronted with a medical emergency
The FMLA has been amended on several occasions and contains certain requirements an employee must meet to qualify in order to take leave from work to look after the medical needs of a spouse, child, parent or next of kin.
Eligibility Requirements for FLMA
To be eligible for FMLA leave, an employee must be employed by a business located within the United States or its territories who has at least of 50 employees, have worked there for at least twelve months, and worked a minimum of 1,250 hours during the previous year.
Military personnel who serve under the National Guard or Reserve are not required to meet the twelve months of consecutive employment rule. Under some conditions, an employee may be granted to take up to twelve weeks of FMLA intermittently.
The FMLA allows an eligible employee to request a maximum of twelve weeks of leave.
The Difference Between Sick Time and FMLA
The most obvious difference between sick time and FMLA is that sick time is usually "paid leave" whereas there is no requirement that FMLA leave be paid. Sick time is usually time provided to an employee by an employer for the current work year. Many organizations will allow an employee to use their paid sick leave time before the FMLA leave begins. This is a factor that should be carefully considered by employees who rely on their salary as their sole source of income.
When a family medical emergency arises, the employee should contact their company's human resource or personnel department to discuss the FMLA policy and procedures, as well as to inquire as to whether sick leave and vacation time may be used so that the entire leave period is not without pay. Paid sick leave for a non-serious medical condition should not be counted against your FMLA.
It is important for an employee to know that the FMLA forbids an employer from discriminating against an employee due to a request for, or the taking of, FMLA leave. Upon returning from the FLA leave an employer is required by law to restore the employee to their former position or, if that position is no longer available, to an equivalent job with equivalent pay and benefits.
Resources
U.S. Office of Personnel Management, Family and Medical Leave Act
HR Hero, Intermittent FMLA Leave
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