What Do Case Workers Need to Know About FMLA?
- Employers in the private sector with more than 50 employees have to abide by the rules and regulations of the FMLA. During any period of 12 months, an employee can take up to 12 weeks of unpaid leave for qualifying events. Only certain events qualify under the FMLA as a qualifying event. Also, the act requires employers to maintain group health insurance coverage for employees during FMLA absences. Additionally, the act requires employers to offer you a similar job upon return from an approved leave of absence. This includes offering the same pay and benefits the employee had before taking the leave.
- The FMLA specifies the reasons an employee can take a leave of absence under the act. Examples of qualified events include an illness and the inability to perform job duties because of a specific medical condition. The act also allows for time off to care for an immediate family member who has a serious medical condition. In addition, the FMLA allows you to take a leave of absence for the birth of a child during the first year after the child's birth. This same benefit also applies to adoption, placement for adoption or foster care of a child.
- If taking the leave of absence under the FMLA for the birth of a child, an employee must take all of the leave at once. However, exceptions to this rule exist and are in relation to the health conditions of the child or parent. Namely, if the child has a serious health condition at birth or if the mother becomes ill after childbirth or pregnancy, the rule does not apply. In this case, FMLA allows you to take an intermittent leave of absense.
- Generally, complying with FMLA costs employers money. For example, according to "Essential Guide to Family and Medical Leave," in 2004, the FMLA cost employers over $21 billion dollars. This cost resulted from lost productivity, replacement of labor and continued benefits. Additionally, many employees that take advantage of the FMLA give little notice to employers further increasing the costs associated with the act.