American workers do not have to neglect their family or their health to keep working. They can stay secure in their work plans while they take time off work.

The Family and Medical Leave Act of 1993, signed into law by President Bill Clinton, covers American workers who need time to put their life in order.

The Right to Attend to Life Concerns

Workers are entitled to take family or medical leave. Working parents can care for their family and keep healthy without having to hide from their work responsibilities. The legislators that passed FMLA and President Clinton believe work and family are supposed to stay in balance. Fulfilling one responsibility does not take away any opportunity to fulfill the other responsibility.

FMLA covers workers who work for an employer that employs at least 50 employee within 75 miles of the worker's worksite. The worker can request leave after working at least 12 months and 1,250 hours during those 12 months.

Family and Medical Leave

Common life situations are covered by FMLA. The situation has to be a serious one, but not a reason to worry. Up to twelve weeks of unpaid leave can be taken for four reasons.

• the birth of child or care for a child during the first year,
• care for an adopted or foster child for one year after placement in the worker's home
• care for the serious health condition experienced by a spouse, parent, or child
• take care of the worker's serious health condition that makes them unable to work

A worker with a health condition has to seek medical care from a medical doctor or osteopath to take the leave. The condition can be an illness, an injury, an impairment, or a physical or mental condition. The medical professional certifies the health condition. An overnight stay in a hospital or hospice or a stay in a residential medical care facility is serious enough as long as the worker can not carry out their normal work duties for three days at least, and two medical visits for care are made, one within 7 days of the time the worker first can not work, and one within 30 days. Continuing treatment by a doctor is also serious enough. Family members with a health condition have to be unable to attend school or fulfill another important life responsibility.

Starting and Ending Leave

Leave can last up to 12 weeks during a 12 month period. The leave begins when the worker first begins to take care of a need. The 12 month period for family care leave ends 12 months after the birth date or the placement date for adoption or foster care.

A worker can take leave on and off when medically necessarily to take care of a serious health condition, or when the employer and the worker agree an occasional schedule is right for family care. The medical necessity or the agreement also must be known before a reduced work schedule is chosen for the leave period that takes up fewer hours in a week or in a day for work. The leave hours are taken out of the total hours for the 12 weeks one hour at a time.

Military Leave

Family members of military service members can take longer leave to care for a service member injured or made ill in the line of duty while on active duty. Members in the Military Services, National Guard, and the Reserves are all covered. President George W. Bush signed a FMLA amendment in January, 2008 that improves the coverage for servicemembers and their families. The leave lasts up to 26 weeks during a 12 month period.

In addition to this leave called Military Caregiver Leave, workers can take leave to handle an exigency. Family members of National Guard members and Reserves members can take the regular 12 weeks leave to handle an exigency that comes up beacause a servicemember was called to duty, or on duty, in support of a contingency operation.

There is a list of exigencies:

• a short notice deployment
• military events and related activities
• childcare and school activities
• financial and legal arrangements
• counseling
• rest and recuperation
• post-deployment activities
• additional activities the employer and worker agree on

Secure Job and Benefits

The work life stays in order while a worker goes on leave. An employer must give a worker their old position back or a position with equivalent pay and benefits. All the benefits the worker had when leave began must be waiting fro them when they return.

A health benefits plan does not have to come to an end. The worker can chose to continue the benefits plan.

Notice

Thirty days notice is a must. A responsible worker tells the employer everything about their situation and how long it will last the employer needs to know to make a leave decision. When there is not enough time for 30 days notice, the time that is practicable or the time normally used to call in sick or absent are acceptable. Just be considerate to the employer.

In return, employers have to tell workers covered by the law FMLA leave is available.

Take Paid Leave Instead

Paid leave can replace unpaid leave during the twelve weeks. The employer can ask that the worker use paid sick leave or paid annual leave. The worker can not refuse the request. Or, the worker can chose to use paid leave for any days in the leave period.

A Fair Time Away from Work

Plans are easier when no work responsibilities get in the way of what needs to be done. The most important care activities that keep a worker's heart in the right place are never a strain.

Sources:

The Family and Medical Leave Act (1993).

U. S. Department of Labor, DOL Final Rule on Family and Medical Leave: Providing Military Family Leave and Update to Regulations (2008).

U. S. Department of Labor, Wage and Hour Division, Employee Rights and Responsibilities Under the Family and Medical Leave Act (poster) (January 2009).