The Family and Medical Leave Act (FMLA) is often underutilized in the workplace when it’s needed. If you are not sure if it is offered at your company—check your employee handbook or ask your HR department. What upsets me is when supervisors or HR personnel fail to ensure that employees know about FMLA and how to invoke it when medically needed.
If you qualify for FMLA and submit the qualifying medical paperwork—you must be allowed to invoke FMLA. If you have concerns about the program or your rights to use it—contact the Department of Labor.
I used to administer the FMLA program in my former job. I dealt with supervisors who did not want their employees knowing about the FMLA program or they asked questions that violated the employee’s privacy rights. I always suggest that an employee learn as much about the FMLA program, so they understand all their rights and how to use this program when needed.
When I was standing up to bullying in my former government job, I knew that I could invoke up to 12 weeks of FMLA to take care of my medical needs. The great thing about FMLA is that you can use your sick leave, personal leave or leave without pay. You will have to follow the guidelines to invoke FMLA and can use it for appropriate medical needs listed below.
My health declined after nearly 18 months of workplace bullying from my supervisors and managers. I had spoken up about prohibited personnel practices and received retaliation in the form of severe bullying.
My management tried to force me to share extra information that was not required because they were nosy. Therefore, I always suggest that anyone who wants to understand the FMLA program should do their own research, so they keep nosy people from knowing more than they are allowed to know regarding someone’s FMLA matter.
Invoking FMLA allowed me to take time off from work and seek all the medical appointments I needed and to take time off for rest and recuperation. FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. Eligible employees are entitled to:
- Twelve workweeks of leave in a 12-month period for:
- The birth of a child and to care for the newborn child within one year of birth;
- The placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;
- To care for the employee’s spouse, child, or parent who has a serious health condition;
- A serious health condition that makes the employee unable to perform the essential functions of his or her job;
- Any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on covered active duty;” or
- Twenty-six workweeks of leave during a single 12-month period to care for a covered service member with a serious injury or illness if the eligible employee is the service member’s spouse, son, daughter, parent, or next of kin (military caregiver leave).
- Eligible employees in legal same-sex marriages will be able to take FMLA leave to care for their spouse or family member, regardless of where they live. This the program ensures that the FMLA will give spouses in same-sex marriages the same ability as all spouses
You can learn more about FMLA by going to their website at https://www.dol.gov/whd/fmla.
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