Twelve Weeks Unpaid Leave For Full Time Employees Employed for More Than Year - Job Reinstatement Rights the Key!
Philadelphia
Area Disability Attorneys Who Represent Employees Who Live or Work in Chester County, Montgomery County, Delaware County, Bucks County or Philadelphia
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| Click Here to Read About How You Can Collect Short-Term Disability While on FMLA Leave |
Qualified Employees Suffering From a Serious Health Condition Are Entitled to Up to 12-Weeks of Unpaid Leave Per Year Under the Family and Medical Leave Act (FMLA) With Right to Job Restoration
Generally speaking, the Family and Medical Leave Act provides qualified employees with the right to take time off of work without fear of retaliation if the employee or his/her close family member has a "serious health condition,"
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| FMLA = Job Security via Reinstatement Rights |
Here are the basic requirements for FMLA Leave:
NOTE: Although there are some exceptions for certain types of employers, and certain types of employees, the following general rules apply to most American workers):
Employer: must have more than 50 full-time employees located within 75-miles of applicat employee's workplace
Employee: must have been employed by company for at least one-year (employment term need not be consecutive);
Employee: must have worked at least 1,250 hours during the 52-weeks immediately preceding request for leave;
Employee OR employee's close family member must have a serious health condition;
Employee must not have taken 12-weeks of FMLA leave within 12-months immediately preceding leave request (if less than 12-weeks previously used during immediately preceding 12-months, employee may take remaining number of days/weeks until full 12-week allotment exhausted).
Do I Have a Serious Health Condition That Entitles Me to Family Leave? Does My Close Family Member, Infant or Child Have a Serious Health Condition Under FMLA?
What is a "Serious Health Condition" Under FMLA?
FMLA leave qualification issues seldom arise when the injury or illness at issue involves a serious personal injury such as one suffered in a car accident or a serious event that results in an observable wound or injury, or an in-patient stay at a hospital lasting more than a day.
Similarly, if an employee or his/her close family member is suffering from a serious illness such as a heart condition, cancer or potentially life-threatening malady, the right to FMLA Leave will rarely be called into question.
NOTE: In such situations, the employee's initial entitlement to FMLA Leave will likely not be debatable; nevertheless, it is possible that at some point the employee's right to remain out on FMLA Leave may become an issue of contention.
In addition to the above scenarios, leaves necessitated by a pregnancy, or the birth of a child, are known to be covered by FMLA.
NOTE: Although there are some exceptions for certain types of employers, and certain types of employees, the following general rules apply to most American workers):
Employer: must have more than 50 full-time employees located within 75-miles of applicat employee's workplace
Employee: must have been employed by company for at least one-year (employment term need not be consecutive);
Employee: must have worked at least 1,250 hours during the 52-weeks immediately preceding request for leave;
Employee OR employee's close family member must have a serious health condition;
Employee must not have taken 12-weeks of FMLA leave within 12-months immediately preceding leave request (if less than 12-weeks previously used during immediately preceding 12-months, employee may take remaining number of days/weeks until full 12-week allotment exhausted).
Do I Have a Serious Health Condition That Entitles Me to Family Leave? Does My Close Family Member, Infant or Child Have a Serious Health Condition Under FMLA?
What is a "Serious Health Condition" Under FMLA?
FMLA leave qualification issues seldom arise when the injury or illness at issue involves a serious personal injury such as one suffered in a car accident or a serious event that results in an observable wound or injury, or an in-patient stay at a hospital lasting more than a day.
Similarly, if an employee or his/her close family member is suffering from a serious illness such as a heart condition, cancer or potentially life-threatening malady, the right to FMLA Leave will rarely be called into question.
NOTE: In such situations, the employee's initial entitlement to FMLA Leave will likely not be debatable; nevertheless, it is possible that at some point the employee's right to remain out on FMLA Leave may become an issue of contention.
In addition to the above scenarios, leaves necessitated by a pregnancy, or the birth of a child, are known to be covered by FMLA.
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| FMLA Leave Always Available to Pregnant Workers and Immediately Following Childbirth |
Is a Hospital Visit or Stay Required for Me to be Entitled to Family and Medical Leave (FMLA)? Can My Family Doctor Put Me Out of Medical Leave?
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| Certification from Your Physician Always Required for FMLA Leave |
FMLA entitlement issues most often arise when a medical condition does not require a hospital stay or potentially life sustaining medical care. Hence, while an employer may (and almost always will) require that your physician complete an FMLA Medical Certification form no matter what the reason for your absence, such Certifications or relatively pro forma when the reason for leave is a serious injury sustained in an accident, or where the employee has been diagnosed with a potentially life threatening illness, disease or condition.
Where a potential serious condition other than significant personal injury, life threatening illness or pregnancy-related condition is involved, however, the medical certification becomes truly essential.
There are two situations involving relatively short-term absences that can lead to dispute - absences due to the onset of symptoms relating to chronic, recurring illnesses and short-term, non-recurring illnesses such as the flu.
While obtaining FMLA Leave in order to treat and recover from acute onset of a chronic illness is often simple, companies detest granting FMLA leave for short-term illnesses such as the flu, and the law supports denying leave in such circumstances.
How or Where Can I Find a FMLA Medical Certification Form to be Completed by my Family Doctor? My Chronic Medical Condition Has Cropped Up and I Need Family Leave
If you need to take time off of work because a previously asymptomatic chronic illness has recently been causing you pain and discomfort, it is essential that you seek medical treatment while out on leave, and that your physician complete a FMLA Leave Medical Certification.
Where a potential serious condition other than significant personal injury, life threatening illness or pregnancy-related condition is involved, however, the medical certification becomes truly essential.
There are two situations involving relatively short-term absences that can lead to dispute - absences due to the onset of symptoms relating to chronic, recurring illnesses and short-term, non-recurring illnesses such as the flu.
While obtaining FMLA Leave in order to treat and recover from acute onset of a chronic illness is often simple, companies detest granting FMLA leave for short-term illnesses such as the flu, and the law supports denying leave in such circumstances.
How or Where Can I Find a FMLA Medical Certification Form to be Completed by my Family Doctor? My Chronic Medical Condition Has Cropped Up and I Need Family Leave
If you need to take time off of work because a previously asymptomatic chronic illness has recently been causing you pain and discomfort, it is essential that you seek medical treatment while out on leave, and that your physician complete a FMLA Leave Medical Certification.
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| Always Necessary, but Essential When Seeking Leave for Chronic or Short-Term Illness |
Where FMLA qualifications for chronic conditions are concerned, the United States Department of Labor regulation states:
Thus, if you are suffering from the acute onset of symptoms you know to be associated with a chronic illness from which you suffer, it is imperative that you contact your doctor either immediately before or immediately after you give your employer notice of your need for FMLA Leave. If your physician is "on board," your application for FMLA Leave due to the onset of symptoms associated with a chronic medical condition will almost always be granted.
Am I Entitled to FMLA Leave If I Miss a Week of Work Due to the Flu, or Bronchitis or an Earache or a Bad Cold? My Child Has the Flu, and a Virus, May I Take Family and Medical Leave to Care for My Son or Daughter?
Non-recurring, one-time ailments lasting up to a week are among the most difficult FMLA situations.
Perhaps the most common area of dispute arises when an employee misses work for 2-3 days because the employee or his/her close family member (spouse or child) is sick with a "one-time, non-recurring" illness such as the flu, food poisoning or a similarly disabling short-term illness treated without assistance from the family doctor.
The Family and Leave Act generally does not permit an employee to take FMLA Leave because the employee or a close family member has the flu, a cold or a viral infection of some sort.
"Chronic Conditions: Any period of incapacity or treatment for such incapacity due to a chronic serious health condition that requires periodic visits (at least twice per year) to a health care provider, continues over an extended period of time and may cause episodic rather than a continuing period of incapacity."
Typical recurring chronic conditions include medical conditions such as diabetes, epilepsy, obstructive bowel syndrome and the like.
Typical recurring chronic conditions include medical conditions such as diabetes, epilepsy, obstructive bowel syndrome and the like.
Thus, if you are suffering from the acute onset of symptoms you know to be associated with a chronic illness from which you suffer, it is imperative that you contact your doctor either immediately before or immediately after you give your employer notice of your need for FMLA Leave. If your physician is "on board," your application for FMLA Leave due to the onset of symptoms associated with a chronic medical condition will almost always be granted.
| Leave Entitlement Carefully Defined Where Short-Term Illnesses Concerned |
Non-recurring, one-time ailments lasting up to a week are among the most difficult FMLA situations.
Perhaps the most common area of dispute arises when an employee misses work for 2-3 days because the employee or his/her close family member (spouse or child) is sick with a "one-time, non-recurring" illness such as the flu, food poisoning or a similarly disabling short-term illness treated without assistance from the family doctor.
The Family and Leave Act generally does not permit an employee to take FMLA Leave because the employee or a close family member has the flu, a cold or a viral infection of some sort.
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| Flu, Common Cold Not Serious Health Condition Under FMLA |
In this connection the United States Department of Labor has stated the following:
"The legislative history also states that the term [serious health condition] "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. Complications arising out of such procedures that develop into ‘serious health conditions’ will be covered by the act."
How do FMLA, Short-Term Disability Benefits and Unemployment Fit together?
"The legislative history also states that the term [serious health condition] "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. Complications arising out of such procedures that develop into ‘serious health conditions’ will be covered by the act."
How do FMLA, Short-Term Disability Benefits and Unemployment Fit together?
As of 2021!
Some States and Cities Have Paid Sick Leave Laws to Supplement Your Income While Out on FMLA Leave!
The 16 States (Plus
D.C.) That Have Mandatory Paid Sick Leave Policies
Here Are Some Major
Cities That Have Mandatory Paid Sick Leave Laws for Employees of Private
Employers
WHAT 34 STATES DO NOT
HAVE ANY PAID SICK LEAVE LAWS FOR PRIVATE EMPLOYERS?
Is There a Federal Law That Requires That Employees Receive Vacation, be Paid Holiday or Sick Pay or be Given Break, Rest or Meal Time?
Philadelphia Area Family and Medical Leave (FMLA) Attorneys Helping Employees With Leave Requests and Short-Term Disability Applications
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