Do you need time off from work for cancer treatment?
You need to know about the Family Medical Leave Act.
Read on.
What is the Family Medical Leave Act (FMLA)?
The Family Medical Leave Act (FMLA) permits eligible employees to take up to 12 work weeks of unpaid leave a year because of an employee’s serious medical condition. It requires group health benefits to be maintained during the leave as if the employee continued to work instead of taking leave. Employees are also entitled to return to their same or equivalent job at the end of their FMLA leave.
Is cancer a serious medical condition?
Yes.
Am I eligible for FMLA leave?
You qualify if you meet all of these 4 conditions:
- You work for a private employer with 50 or more employees OR a public agency.
- You have maintained employment with the employer for at least 12 months.
- You have worked for at least 1,250 hours for the employer during the previous 12 months.
- You have worked at a worksite where that employer has 50 or more employees within 75 miles of that site.
I meet these 4 conditions. Now what?
Before you take leave and as soon as practicable, notify your employer that you need FMLA leave due to a serious medical condition that prevents you from performing your job. Also tell the employer the duration of your leave. Click herefor the form that you need. On this form there are 3 sections. Section 1 needs to be completed by your employer. Section 2 needs to be completed by you. Section 3 needs to be completed by your health care provider. It's easy. You should complete this form, because your employer may require that a health care provider certify your need for leave. Your employer has to give you 15 days to provide this certification. And your employer can require re-certification every 30 days, which basically means your doctor has to send your employer another letter.
May I use my accrued paid leave as FMLA leave?
Yes, but it does not extend the 12-week leave period. Your employer may require that you exhaust vacation time, personal time, sick time, or any other accrued paid leave before using FMLA time. So the total maximum amount of time that you are protected is equal to 12 work weeks, whether it's paid or unpaid leave.
May I take "intermittent leave" or "reduced leave"?
Yes, if your doctor determines it's a medical necessity. Intermittent leave means separate blocks of time for a single qualifying reason (e.g. therapy every Friday). Reduced leave means a reduced work schedule (e.g. light duty limited to 4 hours per day).
Will I lose my health insurance benefits if I take FMLA leave?
No. During your FMLA leave, employers must maintain your health benefits on the same terms
as they existed before the you took leave.
What happens at the end of 12 work weeks? Will I lose my job?
At the end of the 12 work weeks, you may return to work in the same or an equivalent position with equivalent benefits and pay as before you took leave. On the other hand, if you fail to return to work at the expiration of your leave or you are unable to perform your job, your job is no longer protected under FMLA. But there are other laws that may continue to protect you and allow you to take leave.
Stay tuned for future information!
Still don't know whether you are eligible for FMLA, then ask your employer. Your employer must tell you within 5 days whether or not you are eligible for FMLA leave. If you don't want to ask your employer, seek an attorney. More info available at www.dol.gov
rights
™
Do you need time off from work for cancer treatment?
You need to know about the Family Medical Leave Act.
Read on.
What is the Family Medical Leave Act (FMLA)?
The Family Medical Leave Act (FMLA) permits eligible employees to take up to 12 work weeks of unpaid leave a year because of an employee’s serious medical condition. It requires group health benefits to be maintained during the leave as if the employee continued to work instead of taking leave. Employees are also entitled to return to their same or equivalent job at the end of their FMLA leave.
Is cancer a serious medical condition?
Yes.
Am I eligible for FMLA leave?
You qualify if you meet all of these 4 conditions:
- You work for a private employer with 50 or more employees OR a public agency.
- You have maintained employment with the employer for at least 12 months.
- You have worked for at least 1,250 hours for the employer during the previous 12 months.
- You have worked at a worksite where that employer has 50 or more employees within 75 miles of that site.
I meet these 4 conditions. Now what?
Before you take leave and as soon as practicable, notify your employer that you need FMLA leave due to a serious medical condition that prevents you from performing your job. Also tell the employer the duration of your leave. Click herefor the form that you need. On this form there are 3 sections. Section 1 needs to be completed by your employer. Section 2 needs to be completed by you. Section 3 needs to be completed by your health care provider. It's easy. You should complete this form, because your employer may require that a health care provider certify your need for leave. Your employer has to give you 15 days to provide this certification. And your employer can require re-certification every 30 days, which basically means your doctor has to send your employer another letter.
May I use my accrued paid leave as FMLA leave?
Yes, but it does not extend the 12-week leave period. Your employer may require that you exhaust vacation time, personal time, sick time, or any other accrued paid leave before using FMLA time. So the total maximum amount of time that you are protected is equal to 12 work weeks, whether it's paid or unpaid leave.
May I take "intermittent leave" or "reduced leave"?
Yes, if your doctor determines it's a medical necessity. Intermittent leave means separate blocks of time for a single qualifying reason (e.g. therapy every Friday). Reduced leave means a reduced work schedule (e.g. light duty limited to 4 hours per day).
Will I lose my health insurance benefits if I take FMLA leave?
No. During your FMLA leave, employers must maintain your health benefits on the same terms
as they existed before the you took leave.
What happens at the end of 12 work weeks? Will I lose my job?
At the end of the 12 work weeks, you may return to work in the same or an equivalent position with equivalent benefits and pay as before you took leave. On the other hand, if you fail to return to work at the expiration of your leave or you are unable to perform your job, your job is no longer protected under FMLA. But there are other laws that may continue to protect you and allow you to take leave.
Stay tuned for future information!
Still don't know whether you are eligible for FMLA, then ask your employer. Your employer must tell you within 5 days whether or not you are eligible for FMLA leave. If you don't want to ask your employer, seek an attorney. More info available at www.dol.gov